The Arkansas banner., 1845-04-23
EOr Mo Ennnnt.
Tor the Banner. JUDGE LACY-HIS SEAT ON THE SU- PREME BENCH VACATED

""'CtN "'ifdiiii diit' ptOtIdlLiISd III PO'i'i language that he possessed the power of cnr- ing all the maadies that afflicted the animal tribes. Cunning Reynard, happening to pass by, and seeing that the boasting doctor looked lean, and wasted with disease, told him, with sheer, that olhefs could have but liltIc con- fdence in his skill, while he exhibited upon his own ugly body so many evidences of his ignorance of the healing art
 The great founders of the legal science, however, have adopted different and proba- ply wiser rule in reference to those who administer the law. They have said that no man shall be a judge in his own case. But for this, would willingly submit the proPo- siton at the head of this artic!e-TIIAT THE SEAT or JUDGE LACY UPON TIE st. PRE81E BENCH IS YACATED-to the honorable judge himself.
 Is the judge dead most sincerely hope not. Has he resigned his seat? No. But he may do il, should the !.RtefeSf of He Statc reqdrc a.'' Has he accepted some other, and incompatible office, and thereby vacated his seat upon the bench, under de- cision of the Supreme Court, in the case ol Ar. Hut? This is not ayemed. How then Is his seat vacated
 1 answer, that he has not been a citizen of the State for twelve months, or at least that he is not now citizen, and that the very moment he ceased to be citizen, co iHStanii, he ceased to be judge of her Supreme Court!
 lst THc jadge $ mol q cili-en. The proof on this point, furnished by himself, is abun- dant And ill the first place his ec-honor has exhibited such great fondness for the termi@ of the Mississippi river, that he has spent most of his time, for the last twelve months, 1t is said, in the famous city of cot lon bags, thereabouts located. And there he fingered, ana lingering did live, in so much that ha did not reach this place at the last January term of lis court until it had been in session aJom Arcc 5ccchSt And then for sooth, like I comet performing it's apheion, he remained but two days, and wheeling again, made for the great point of attraction
 But this alone would only % to prove that the judge loved New Orleans better than Arkansas, and that he considered the two oihe. judges fully competent to do all the business in term time, and whatever might be to do in vacation. The item of ploof mainly relied upon to establish the first proposition, follows.
 By the laws of Louisiana, man cannot obtain license to practice law, without eai- seaship of twelve months, prior to the time of application. Of his citizenship, he must fp-.!,,az. e,i-.,,,.e-- sy;-'-,.-~ d. judge granting the license, the particular kind of evidence, whether by his own oath, or aliuadc, cannot state, IS have not the stat ates of that State before me. Be lhs as il may, the judge has obtained license to prac- tice law in that Slate, has entered into part nership with gentleman of the profession in New Orleans, and they have published their card in the city papers. Thejudge has there fore furnished to the people, and authorities of this State, evidence that he is cai.en of Louisiana, and has been for twelve months prior to his obtaining license as above Ii a citizen of that State, he is clearly not citizen of this. The moment he became citizen of Louisiana he abandoned his citizenship in Arkansas. \ man cannot owe allegiance to two governments at the same time, is a well established principle, and applies with full force to citizenship in the States. It were useless, however, to discuss a point so well understood
 2d 9He moment hhe Ju4ge ceased 10 De q citi-ea, he ceased 10 6a q jadgs. When a man ceases to be citizen ol State, he sur- renders to the State all the political rights and privileges previously vested in him, in consequence of his citizenship. He ceases to be capable of voting, or holding office un- der the State government, of any grade and if he hold an office at the time he abandons his citizenship, it is thereby vacated as fully as if he had died.
 But the question is asked though Judge Lacy be citizen of Louisiana, is his office vacant until he formally send Tn his resigna- ton
 answer that it most clearly is, and diff ferent doctrine would be monstrous. For in the first place it would lead to the absurd conclusion that man might enjoy an iaci- dent of citizenship, after the citizenship out of which the nctden grows, and upon which it depends, is gone. As well might one con tend that the effect does not cease with the l producing cause.
 Again it would lead 10 the absurd concu- sion that if an office holder abandon the State and persist in sending in no formal resgna. tioA, though the office is in tact vacant, it i, not in la,c, and therefore no appointment could be made to have the functions of til, office carried forward, however important fho,y ,o;,rbt bo .I,o