The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1911-07-28
UNWRITTEN LAWS.

The Ship Captains C0de.-It De-
mands That the Skipper Shall Go
Down With Hills Vessel If She Be
Lost, and it is Held Sacred-The
Iron Law OF the Army and Navy.
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
danger line that man dare not reco-
nize it to the extent of publishing it
and declaring 1t an part of the posi-
tive law.
lit il the unwritten law of the sea
that captain must go down with his
ship. Men dare not write it into the
contract and nations dare not incor-
porate it in their navy or marine
regulations, yet the tyrants of the sea
know the law and believe that to obey
1t betters their service, and there are
few instances of its being disregard
ed.
1t is the unwritten Jaw of the army
and navy that an officer shallnot seek
cover, or at least shall not show ap-
prehension OF danger to his person in
time of battle and in the presence of
enlisted men or common sailors. LIN
the Franco-Prussian war nearly 1000
officers Of the German army were
killed, and the great majority of them
gave up their lives because they be
Heved in this law of conduct.
In obedience to this law Farragut
bound himself to the mast, Lee rode
at the head of his charging column at
the bloody angle, and Lawton walked
coolly i'm 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 citi-
zen believes that he has the right un-
der certain conditions to oppose the
established government Of his own
land and join in an enort to establish
another in its place. Just prior to and
during the war between the states
there was much discussion in this
country by learned men on either side
of the right OF revolution and the
higher power" and the greater law"
The law justifying one person in
the killing of another has required the
serious consideration Of every coun-
try. Every criminal code provides
certain punishments for homicide, and
many of them graduate the punish
ment with minute particularly, ac-
cording to the circumstances of the
killing, SO that any one of six crimes
may be involved in single tragedy.
Such codes also attempt to define
what killing is justifiable and what is
excusable and with their interpreted
ton by the courts attempt to des-
cribe the only conditions under which
one human being can kill another and
not be guilty of crime.
The Hebrew code almost stands alone
i'm its recognition or mans desire to
kill and his right to have that desire
and that climax of all satisfactions
which come to him who under great
provocation Stays another. 1t is not
at all strange that in this branch
there should be an extended code of
unwritten law, unwritten now and al
ways to be unwritten for the reason
that the recognition given by its en-
bodiment in the statue would be TAX
en- as a license by dishonest men and
would result in harm rather than
good
1t is an unwritten law among the
officers of the army that Ii a subordi-
mate officer kills a superior officer be-
cause that officer has publicly degrad-
ed him by striking him or by other
action equally humiliating then the
court NATAL will not convict. Dur
ing the war between the states on a
memorable occasion at Louisville, KY,
General Nelson said to General Dav-
is:
"How many men have you?"
General Davis replied, About CIV
ing an approximate number.
Nelson said: you an army officer
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 court martial acquitted Davis.