4 March 1807

Judicial Justice

Letter V

III. Remedies or Corrective modes

3. In the case of delay, the remedies, as well as the demand for the application of them, are the same, as in the case last mentioned. For delay, unless unavoidable, or necessary to the purpose of averting preponderant inconvenience in some other shape, such as that of vexation, or misdecision by reason of deperition of evidence, is denial of justice, while it lasts.

But how to know whether the delay actually exhibited is unavoidable or avoidable, the mischief of it preponderant or preponderated? This, especially in case of malâ fides on the part of the Judge, for example, through partiality in favour or disfavour of either party, presents itself as liable to extreme difficulty.

Moreover the application of the direct remedies abovementioned is attended with so large a portion of inconvenience, in the shape of vexation, expence, and delay itself, - delay the disorder, and delay attached to the remedy - hence the urgency of the demand for some remedy of the indirect cast. Registration and publicity of the causes of delay offers itself in this character: but of this in its place.

Note, that in case of malâ fides on the part of the Judge, even natural procedure does not relieve the subordinate judicature from the danger of injustice in this shape.