In 1965, about a week after our youngest daughter was born,
Polly and I moved our burgeoning clan to a beautiful six bedroom home in the
Sherwood Forest section of Detroit.
I was a Circuit Court Judge at the time, and by no stretch
of financial legerdemain was I qualified to make such a purchase, but with the
aid of cousin Leo at the Savings and Loan and Gertrude Harwin, who desperately
wanted to sell the property, we swung the deal.
It was a lovely home, and perfect for a family of our size.
Among its many benefits was the fact that our next door neighbor was a man
named Arthur J. Lacy.
He was known by all as Judge Lacy, despite the fact that his
judicial career as the first and only
Judge of the Wayne County Court of Domestic Relations, lasted only eight months
until the Supreme Court declared it unconstitutional in 1913.
The Judge was a kindly, pleasant man, born in 1876. By 1965,
when I met him, he was well into a ninety-nine year lifespan. As a young man,
he had been elected Mayor of Clare, and subsequently was the Democratic nominee
for Governor in 1934.
Despite his loyalty to the Democratic Party, the Judge took
great exception to Franklin D. Roosevelt’s third and fourth terms. In fact, he
purchased radio time to broadcast speeches opposing FDR in 1940 and 1944.
To me, the old Judge was a father figure. As a young Circuit
Judge, I had a way of generating controversy which spilled into the newspapers.
I found the Judge to be a steady, wise and sympathetic counselor. His comment:
“There is nothing older than yesterday’s newspaper.”
In his last years, the Judge donated his personal papers to
the Bentley Historical Collection at the University of Michigan. The index
reveals his broad circle of friends and acquaintances as well as his life long
interest in public affairs.
I am specially in his debt. On the upper shelf of my cozy
new East Lansing den there is a set of twelve volumes entitled simply,
“America.” Published in 1925, by the Americanization Department of the Veterans
of Foreign Wars, the books are a compendium of letters, speeches and essays,
described as a library of original sources. It was a gift from Judge Lacy
shortly before he moved to a retirement home.
A bonanza to a history buff, every page of those books
yields insights into the history of our nation that can’t be found elsewhere, even
with the help of Google.
For example: this evening, out of curiosity, I pulled down
the volume that covers 1783 to 1803 and opened it to a page about the Northwest
Ordinance.
Few Americans have ever read the Northwest Ordinance, and
fewer still appreciate its importance in the history of our nation. Adopted by
the Continental Congress during the fading days of the Articles of
Confederation, the Northwest Ordinance was a blueprint for the expansion of the
United States from a timorous thread of thirteen coastal colonies to the bold
nation that reaches from sea to shining sea.
It established our use of the common law, protected the
right to own private property, abolished slavery in the Midwest, and provided
for the creation of independent states chartered and governed with the consent
of the people.
Along with the Declaration of Independence and the United
States Constitution, the Northwest Ordinance deserves to be enshrined as a
founding document of our nation.
But interestingly, it was not the work of Thomas Jefferson,
Alexander Hamilton or James Madison. Or any of the other Founding Fathers who
are celebrated throughout the land by the naming of cities, streets, schools
and Universities.
No indeed, the Northwest Ordinance was written by a lawyer
from Massachusetts named Nathan Dane. Perhaps you never heard of him. I hadn’t until I opened Judge Lacy’s book.
There I discover that Mr. Dane not only wrote the Northwest
Ordinance, he also wrote an eight volume treatise called “A General Abridgement
of American Law” which became the sine qua non of reference for lawyers
throughout the country. It was so successful that Dane donated the profits to
establish a law school at Harvard University.
Clearly, Judge Lacy is still helping you learn. Nice blog, Judge.
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