Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-04-07
UNWRITTEN LAWS.
Traditions Which Have Almost the
Force of Statutes.

There Is a class Of unwritten law
which does not and cannot become
written law, says Case and Comment,
because it approaches so near the dan,
ger line that man dare not recognize
it to the extent of publishing it and
declaring it as a part of the positive
law.
1t is the unwritten law of the sea
that a captain must go down with his
ship. Men dare not write it into the
contract, and nations dare not incor-
porate 1t in their navy or marine reg
ulations. yet the tyrants Of the sea
know the law, and believe that to obey
it betters their service, and there are
few instances Of its being disregarded.
1t is the unwritten law Of the army
and navy that an officer shall not
seek cover, or at least shall not show
apprehension Of danger to his person,
in time Of battle and in the presence
of enlisted men or common sailors.
In the Franco-Prussian war nearly
four thousand officers Of the German
army were killed and the great major
ity of them gave up their lives because
they believed in the law Of conduct.
bound himself to the mast, Lee rode to
the head of his charging column at the
bloody angle, and Lawton walked cool
ly in front of the line and was shot in
the presence of his men.
The law of the right Of revolution
has been much talked about and much
written about. Every intelligent cit
izen believes that he has the right
under certain conditions to oppose the
established government of his own
land and join in an effort to establish
another in it's place. Just prior to and
during the civil war there was much
discussion in this country by learned
men on either side of the right of rev.
olution and the higher power" and the
greater law"
The law justifying one person in the
killing of another has required the Sc
rious consideration of every country.
Every criminal code, provides certain
punishments for homicide, and many
of them graduate the punishment with
minute particularly, according to the
circumstances of the killing, 80 that
any one of six crimes may he involved
i'm a single tragedy. Such codes also
attempt to define what killing is justi-
fable and what is excusable and with
their Interpretation by the court at
tempt to describe the only conditions
under which one human being can Kill
another and not be guilty of crime.
The Hebrew code almost stands
alone in it's recognition of mans de-
sire to kill and his right to nave the
desire and that climax OF all satlstac-
tions which comes to him who under
great provocation slays another. 1t IS
not at all strange that in this branch
there should be an extended code OF
unwritten as written law, unwrltten
now and always to be unwrltten lor
the reason that the recognition given
by it's embodiment in the statutes
est men and would result in harm
rather than good.
1t is an unwritten law among the
officers of the army that If a subordl-
nate officer kills superior officer be-
cause that officer has publicly de-
graded him by striking him or by oth-
er action equally humiliating then the
court martial will not convict, Dur
ing the civil war at Louisville, Ky"
Gen. Nelson said to Gen. Davis:
How many men have you?"
Gen. Davis replied, About" giving
an approximate number.
Nelson said, You an army ofilcer
and say about Why don't you know
how many men you have?" And with
that he struck Davis in the face with
his glove. Davis shot and killed him.
and the courtmartial acquitted DAVIS