The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-25
The protcction OF tho Inv.
ditor OF rho rimes. Dispatch:

The Protection OF tho Inv. /,
Editor OF The Times Dispatch:
Slr,-The communication signed
"I,ayman" In your last Sundays Issue
constrains me to add few more words
on the subject OF tho utlwritten law.
That a great many people entertain
the same views as those expressed by
''Layman" touching this subject is be-
You'd question. THAT those views are
radically and enormously wrong I en-
ltertain not tho slightest doubt Hon-
| est differences OF opinion call for frank
and free discussion that error may be
eliminated and truth arrived ut. With
this result alone In view, let us look
at the subject awhile.
| All Civilized nations place high
estimate on the home and the ohasti-
ty OF their women. But the laws Of
no civilized country recognize deeds
| Of laWless violence as a means OF pro-
ttcttng either. Where husband or
male relative killed the male offender
in cases Of violation OF tho chastity
of wife or female relative, the common
j law made 1t murder. Our systems Of
jurisprudence have. on account OF con-
siderations arising out OF the essential
conditions Of life, wisely relaxed the
| rlgor OF the common law In suob cases
by permitting Juries to regard such
1 causes as sufficient to reduce tho homi-
eide from murder to granddaughter.
4 This is as far as any appellate court
/ has gone in this country in such cases.
Beyond this. text writer's and courts
4 alike agree, concessions cannot be
made to passion as provocation,
4 without ignoring all reasonable analo-
/ giles Of the law and ondangerlng the
safety of communities. This Is the
plain lesson taught by the experience
of all civilized countries
4 Though 1t Is everywhere conceded
that the law OF the land Is as we have
stated 1t, a crop Of impulsive reform-
" ers and law abiding Missionaries have
/ sprung UP In Virginia and some other
sections who think that the wisdom
and experience Of the past should
count for nothing and that the writ
ten law and all the considerations Of
wise public policy which underlie
the slayer in such cases not only ex-
cused. but proclaimed Il stainless
z knight. Tho advocates OF this doc
trine predicate their position upon the
idea Of protecting tho home. Tho
i home" they argue, "is the very root
and soil of all that Is highest and
, best in human civilization, and no
tecting his home" The homo is all
that is claimed for It. and the idea
: seems to be that he who kills the
Jlan who violates the chastity of a
: female inmate of the home thereby
: protects the home and confers a great
boon upon civilization. Such CHOP logic
ought not to mislead any one. Human
life is indescrlbably sacred He who
takes human life, save In necessary
self-defense, commits q fearful crime
: in sight Of God and men. But II q
man Stays his fellowman, this confer.
no right upon relative OF the deac
man to pursue the slayer and take
his life. If he should take his life. he
docs not protect the lifeSof his rela.
tive; the deed has been done. and II
killing him 1t Is plain that he doe!
so to avenge the wrong and not t.
protect life. The same thing is true
: IN the cases In which the unwritteI
i law is invoked. The deed has beer
I done. and when the husband or nal,
n relative pursues and shoots the Of
fender, he does not protect his home
1T Is not for that purpose that h
shoots him. but to avenge real o
J, |supposed wrong. BY such conduc
he not only does not protect his home
J: but increases Its mistortunes and fire
; quently introduces untold misery int
o tho lives OF the innocent occupant
OF another home. This is the result
when viewed from the standpoint o
9. INC slayer.
Let us now look at the subject \
: moment from the standpoint OF socie
- ty and the accomplishment of the so
cial purpose. Society necessarily mus
take that Views OF things which, un
r; der a variety OF circumstances an
p upon the whole Is best. In the ma
'e ture OF things, every man, upon be
coming a member#of society, mus
OF surrender the right to redress Mi
i AZ ,t,ho1 AZ 81 tn
IN this there is no hardship. Il con
fess," says Edmund Burke. that tn
SIS character of Judge in my own cas-
is a thing that frightens me-" 1t
ay a thing to frlghten any fair-mlnde
70 man.
a, vengeance Is mine, saith tho Lord
No good man wants to take the Iii
OF a human being, and no bad ma
ought to be- permitted to do so. eve
n If he should desire it. To permit an
nd man to act as Judge juror, witne!
at and executioner in hya own case {
~. ~ In the case OF near relative Is a do,
Id trlne SO glaringly absurd and so man
testify dangerous that It Is indee
passing strange that well-meanin
III people can be found to advocate it.
One OF the most valuable achlev
ments of our civilization Is that whit
le- guarantees to every man charged wi
crime the right to be heard in h
own defense and to be tried before 3
III impartial court and by an imparti
la jury. If our civilization stands 4
anything. it stands for liberty reg
lated by law, for the court again
IN the mob. for the protection and e
ms largement of tho lives Of its citlzer
through legal institutions, and n
through the caprice or lnwless !
ne stincts OF the individual. The unwri
.ar ton law assumes the guilt Of the 9
s." legged offender; every consideration
VIII right and justice says that upon tt
to question he has the right to be hea
before being condemned. The unwr
ten law assumes that all women a
va. good and ohaste, when In point
fact there are thousands Of bad W
men as we'll rs bad men.
ich In cases Of criminal assault and 6
en-. duction, the law of the land proyid
ING mplefpunishment; when a woman "
unfairly and willingly becomes t
IN easy prey Of some lecherous amin
mi there is nothing to protect. WON
ey- are no longer slaves, neither arc tn
, 4 -.