St. Landry clarion. (Opelousas, La.) 1890-1921, 1909-05-22
THE OTHER SIDE OF
THE "UNNRITTEN Law
KrlisF 10 EeE Orleans Pleayune Compares II
to The BltehcFafl RaFesY In i7th Century
BLAME ON THE WOMAN
'sAnd Il Husband IS DsieFnIaed 10 Kill The
Real Offender against Hls HOneF and BIS
Home, he MusI STAY the Homaa.s

Editor Pieayune Dear sir-Your
editorial IN this days issue of the
Picayune on the Hams case IN which
you condemn the finding Of the Jury
and make a plea for the unWritten
law, suggests the propriety Of an
argument on The other side Of the
question. / have always looked upon
the unWritten Law as a witchcraft
heresy of the nineteenth century, and
in supporter this / beg that you pub
lish . leading article from a recent
number Of the Central Law Journal on
the subject.
The unWritten law is as great a
faIlacy, to our mind, as was the
witchcraft heresy in the seventeenth
century. Surely subsequent centu-
RES, as they look back upon Us, viii
be inclined to tap their heads and
implore the practical Ignorance Of i
people who encourage . man To kill
q felloW-man over a woman's faith
~lessnsss, and let the woman go forth
from court with a feeling Of con-
tempt for the law.
1T is the purpose Of the Central
Law Journal to combat this heresy
and offer from time to time practical
objection TO its effectiveness as an
~argument-objections that will APP
peal, Of course, TO . jury. rather than
to a court. For, a%ssuredly, any
court Or Judge thereof who would
give this pernicious and laWless doc
rine even the faintest recognition is
false to bis oath Of Office, which COM
pels him to enforce the law and to
set bis face like a flint against any
principle which encourages Iauless
ness.
We will, in the beginning, except
those instances where a man kills an
other man III protecting The virtue
and innocence Of i woman, especially
any female member Of bis family,
from attempted insult or assault.
This is not the unwritten Law; ii IS
law sanctioned BY every consideration
Of public policy and private right.
Possibly, also, where the despoiler
has already robbed a woman Of her
virtue and where immediate pursuit
is begun and the despoiler killed
il the heat Of passion By the man
to whom she stood related by any
Of the sacred social ties Of this life,
the law should reduce this crime to-
q low degree of mansIaughter Of
the jury Be willing to stretch their
conscience BIZ showing extreme leni-.
ency IN dealing with the offender.
But outside of these exceptions,
which really are not exceptions at al,
there is no place for The unWritten
Law.
aChiYalry and g~allantry are usually
given as the high ground upon which.
this rule rests. Absolutely impossi
bic! No man, really brave 81 chiYal
rous, who had killed . men TO svenge
q girls honor, would. If he ever loved
that girl for whom he thus endanger-
ed his life, call upon her to lay bare
to the gaze Of q scornful public the
secret sins in her life and TO offer on
the altar Of her devotion for him that
which Is dearer than her life ii order
TO save bis miserable head. Rather
would be desire her mistakes to re-
main covered, and to 90 to his doom
conscious Of the sacrifice which he
has made for her.
Nor do che women whose honor
is thus thought to be 80 chivalrously
protected always relish 8 sort of gal
lantry which 80 cowardly shows the
white feather when il appears IN q
: court Of justice, Not long ago 2
man killed 8 man somewhere Oh the
Pacific Coast and escaped the gal
lows ~ saying that he did II 90 pro-
tect the honor Of biz daughter. Not
long afterwards that daughter killed
her father saying that hef honor
asaa s~fn 81 kav awm kf~Saysfag nnkf1 rs