The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-09
THURSDAY, MAY .. 1907,
intellect Is the edge Of the ak, but
moral power Is the back which gives
force to the blow .-Horace Mann.
The Genius of the Law.

The Lynchburg News comments at
length on our remarks touching the un-
written law, and says that The Times
Dispatch regards the question from an
entirely logical standpoint.
''But the Alachen idea, it adds,
"is predicted upon q very differ
ent and n quite ndefensible theory.
Instead of making the law fit the crime
of the original wrongdocr, the Alexan-
dria legislator would have it protect
the party who himself undertakes to
adequately punish that wrongdocr. The
distinction to be observed here is very
obvious. We lay down the broad propo-
sition that If by virtue OF a crime n man
deserves to die. then the law should IN
f1ict the penalty and not practically au-
thorize the citizen who is outraged by
the crime to himself perform the func-
ton of trial-court and exccutioner"
That proposition is perfectly sound
The law permits no man TO avenge his
own wrongs. But this rule Is based on
the presumption and guarantee that the
law provides penalties adequate to every
crime and misdemcanor. AS a rule, the
law does impose such penalties; but Is
the penalty for the crime under discus
sion in all cases adequate? Men do not
think so, and hence the unwritten law.
That is the fact which we must reckon
with and upon which The Timcs-Dis-
4 patch would rvet public attention, in
the hope OF finding remedy. It Is idle
to discuss tho abstract question, wheth-
er or not man should STAY another II
that other has dcfed his home, for the
laws OF God and tho State forbid him
& Tho question IS whether or not an A::eri-
can jury will convict a man who has
committed murder under such provoca-
ton, and experience shows that, as q
rule, 1t will not.
Manifestly, the law as it now stands
is at fault. and the unwritten law will
stand until the written law is mad,
more effective; Or at least until there !:
a radical change in public sentiment
What does it avail to urge a man thu
injured to ..let the law take Its colHse,
when the extreme penalty of the law !
q fine of a few dollars. Mind you, w
are not discussing ethics or morals, bu
facts ana conditions
~ Our. LyNcnDurB contemporary III III
course of itsla7gument against the Ma
chen propc.sal,~ays that it is a mistalS
to set up the claim that in killing a. be
trayer n man Is defending his hom'
s.IIe is defending nothing" says III
News. 1.-THE wrong has been DONE an
his act of killing spells rovenge-pel
sona revenge, pure and simple"
BY the same token we might say thu
In executlnga murderer the law defend
nothing. for the wrong has been don
But tho law does defend something
Tho penalties OF the law are society
defense and protection, and the exec
ton Of murderer Is q notice of the law
penalties, and a warning TO all men
evil passions. 1t is so, also with the "
written law, and that, in our belief,
the reason for its existence and tolcr
ton. The penalty OF the written ia
deters no man from committing u
crime, and society turns to the unwr
ten law for protection. Make the VIZ
ten law as effective IN lettering II
crime as 1t Is in deterring other crime
and there will be no more excuse Tor !
tnwri,ten law than there Is Tor ON
H forms of lynch law.