The Arkansas advocate., 1834-10-24
THE ADVOCATE.


 Helena Herald of the l6th instant. So far from subscribing 10 the remarks of the edi- for of the Herald, we consider tbem highly unjust and illiberal Ii Is true that Judge LA- eY has failed to hold the Courts ill his cir. cult but its equally true, that the interyen- ton of Providence has prevented him from holding them. fit is possible for man who is fastened to his bed by afllietion and disease. to rise from it at his will, then is Judge L. culpable, and richly does he de- serve inc censure which has been attempt ed to be cast upon him. 1t is not only il- liberal, but fooliskiin the extreme, to charge a man with neglect of duty, when il Is knooa that he Is confined 10 sick bed, when that duty should have been performed. The editor would seem to argue the pos session of supernatural powers in Judge Lacy, and that he could stay the hand of disease at pleasure. Judge Lacy's sick ness is not feigned for the purpose ofayoid- ing his official responsibilities, as the edi- tor would have the public believe. His disease has been severe and protracted, and was well nigh bringing his earthly career to close.
 Il is true iliat the people ii Judge Laey's circuit have suffered deeply for the want of Courts, but they are not so ilIiberal as to require him to perform impossibiIties.
 A letter was received a week or so since by the Sheriff of this county from Judge Lacy informing him that he was then con fined to his room in Nashville, and would not probably be able to hold his courts at the present term. We do not doubt the indisposition of Judge Lacy, but he IS nof the first incumbent of the office, which he now holds, who has practieed law in Ten nessee, and presided as Judge in this Ter ritory. We blame no man for making as. much as he possibly can by his profession, but we do believe that Judge Lacy should have abandoned the practice of law in Tennessee, the moment he pecketed the commission Of Judge in lAlFrk lFrlkansas. It may be argued that he had unfinished busi- ness in Tennessee, which it would have been highly injurious to have neglected. More deep and lasting is the injury which has been inflicted on many of the people Of Arkansas. than any which Judge Lacy could have sustained, would have been to him. Before his acceptance of the office he certainly knew what were his obllga- tions to his clients, and if they were so binding as to cause the neglect et his duty in Arkansas, he ought not to have accep,- ed the appointment. Certainly since he has held the commission, he has accepted no new fee. He was appointed, however, early last winter, and his indisposition was then, as now, his plea for not holding the courts of the last term, and it seems strange that he has not been able to wind up his business in eight months or more. Besides Judge should be something more than bird of passage-ae should locate himself in his circuit. The people ought 10 know where to find him. His services are often required in the interim between the courts, and we hold 1t cnlpable in any man to accept office unless he is ready and willing at once to enter on the discharge of the duties of that office. That Judge La cy intended to return 10 Arkansas, and hold his courts We do not doubt, because his letter evinees deep soicitude upon the subject Quite probable his exposure in the practice of his profession in Ten nessee during the hot weather of the sum- mer months, brought upon him the very disease which has prevented him from dis charging his duties in Arkansas. Ne have heard Judge Lacy applauded as a gentleman of high attachments, amiabe manners, and great legal learning, all ol which he may, and we believe does, pos sess in an eminent degree, still, all this will not indemnify the people of his circuit for his failure to hold their courts. We believe that we possess as much liberalitY about matters of this kind as most persons do, but we cannot think judge Lacy excu. sable When he does come to Arkansas we learn that he intends to make this place his residence, and we feel highly grati6et that such Is his intention. Ne did hope tha we would not have cause to murmur -bu We feel it our duty to speak plain when GU own, ;s;idd the peoples rights arc invade3 We are confident that Judge Lacy will dull appreciate the motive which has called ou these remarks, and we will promise hin that if he will make us sensible that we hay, done him injustice, the 'amende honorable shall be made. We can assure him ;ha our remarks are made in no spirit of un kindness.