24 Dec r 1806

Scotch Reform To L d Grenville 6

Resolut. 10

Advocat. Suspension

Of the two species or forms of judicial misconduct, misdecision and delay, the one positive, the other negative, to one or other of which, when considered in a logical point of view carry species of inconveniences which can take place is removable the one which is the easiest to cope with the grievance to which the legislator finds with least difficulty in applying an adequate remedy, is misdecision: the one which he finds it most difficult to cope with, is delay. A plan /system/ of superintendence which has no application to delay, does but little more than half its duty /is deficient by little less than half/: it leaves altogether without a remedy little less than half the mass of mischief which a system of provision aims or at least professes to aim at obviating. A plan /system/ of superintendance which in respect of /its application to/ delay acts with a degree of efficiency /efficacy/ that of inferior to what might be given to it remains as big as the deficiency is /remains //[...?]/ misapplied[?] /remains on the part of the legislator/, a monument either of the [...?] or of the negligence /of [...?] or of negligence/ of the legislator.

Against misdecision, the remedy, I have said, is plain and easy: if to the prejudice of the defendant in toto, or[?] reversal: if to the prejudice of the plaintiff in toto, decision in his former[?] de novo: if to the prejudice of either side pro tanto, modification: modification, unreformed by substituting to the decision pronounced below, a decision not opposite, as in the case of reversal, opposite, but different.