Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-16
Friday, November is, 1906.
The "Unwritten Law" in the South

Of the leading and most respected pro-
fessional men Of his city and one who
had been for number Of years past
his family physician. A great deal of
interest is being taken in this case
from the fact that the attorneys of
Judge Favrot are invoking in his be-
half what is called the "unwritten
law" claiming that the murdered man
had persistentiy circulated slanderous
reports relative to Judge Favrots wife.
which were Of such character as to
force him to act, and that they will
constitute at the trial of the case, a
complete justification for his action.
In the North we have no "unwritten
law" No man is permitted to be
law unto himself. neither has the old
doctrine Of an eye for an eye and a
tooth for tooth any place in our ad-
ministration of justice. and yet in this
love Of law, and it's orderly enforce
ment by the regularly constituted au-
thorities. in this power of self-control,
which enables the people of the North
to submit their wrongs to the adj
judication Of the courts. the people of
this section differ widely from those of
the South who hold that certain Of
lenses touching the family life Justify
prompt and bloody retribution upon
the offender; and whether the offense
be made by word or deed. or both, 1t
calls for immediate and strenuous
treatment.
"This method of indicating family
honor" says the New Orleans
T,icavume "has been the rule of the
South from the earliest times There
ia no question that it is a barbaric GUS
tom. handed down through many ages
and practiced by many savage and
barharous peoples; and despite the
siIr which is constantly cast upon the
Southern people for the custom, they
have continued to adhere to it because
no other adequate remedy is available.
In this connection. and as bearing in
directly upon the social conditions
that exist in the South, the statement
Of Judge p. J. Herman, counsel for
Judge Favrot. and one of the leading
attorneys of Louisiana. as to what con-
stitutes the unwrittcn law will be of
interest. He says:
l"It is Jurisprudence which has
assumed the dignity and symmetry of
a system. 1t is neither legislative
nor iudge-made. 1t might not In
aptIy be styled a system OF jury
made lawlessness which recognizes
rights that are forbidden by law and
denies rights that are guaranteed by
law. Necessarily, it has no code or
Textbooks, hence its pre-emlncnt
claim to the title of The Cnwritten
Law It is fragrant violation OF all
statutes, hence it is styled by its ad-
yocatcs 'The Law Above the Stat
utes' or THE Higher Law 1t has
its basic foundation in the pubic
ouinion Of the communities in which
It's prevails. and has all the certainty
and sanction that constitutions or
statutes could give it.
judge Herman then formuatcs the
"unwrltten law" system into ten
cardinal laws. the fourth one of
which is:
ANY man who traduccs a virtu"us
woman.s character for chastity may
he shot with impunity by her or her
husba: I'D or any near relatives. but
the offender must first be given an
opportunity to deny and disprove the
charge or to retract and APOLOGIZE.
FIJI citi
laws which have no place upon the
statute books Of a commonwealth.
which ere based upon usage and the
unlawful sanction of a perverted public
sentiment which dates back to the old
Mosaic code are scarcely creditable to
any community that tolerates. much
less sustains them. 1t is very inter-
estiuR to learn through the statement
of Judge Herman that any man threat
ened with the offenses Of the fourth one
of the "Ten cardinal laws" is to be
permitted an opportunity to "deny and
disapprove the charge or to retract and
anclogize" But who is to bring the
charge, who is to make sure that the
opportunity for explanation and
apology is afforded the accused, and
who Is to decide whether or not the re-
traction and apology which he may ten
der are to be considered sufficient to
relieve him of the death penalty which
the law carries? Obviously this is left
to the person who thinks he has been
wronged. and who, under this remark
able code is permitted to be the judge
the jury and the executioner.
The man who was so brutally muir
dered by Judge Favrot had the reputa-
tior in the community of being a clean
and upright Christian gentleman, who
enjoyed the respect and esteem of all
who knew him. 1t seems most un.
likely that he was ever guilty Of any
such offence as that alleged by Judge
Favrot's attorneys. 1t seems more