Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1911-09-07
Unwritten Laws.

There is a class of unwritten law which
does not and cannot become written law,
says Case and Comment, because it ap-
proaches so near the danger line that man
dare not recognize it to the extent OF
publishing it and declaring it as part o
the positive law.
II is 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 incorporate it IN
their navy or marine regulations, yet the
tyrants of the sea know the law, and be-
lieve that to obey il betters service, and
and there are few instances OF its being
disregarded.
II 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
majority OF them gave up their lives be-
cause they believed in this law OF con-
duct.
In obedience TO this law Farragut
bound himself to the mast, Lee rode to
the head of his charging column, and
Lawton walked coolly in front OF his 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 citizen believes
that he has the right under certain condi-
tons TO oppose the established govern
ment of his own land and join in an effort
TO establish another in its 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
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 country. Every
criminal code provides certain punish
ments for homicide, and many OF them
graduate the punishmentwith minute par
tcularity, according to the circumstances
of the killing, so that any one OF SIX
crimes may be involved in single trag-
edy. Such codes also attempt to define
what killing is iustifiable and what is ex-
cusable, and with their Interpretation by
the courts attempt to describe the only
conditions under which one human being
can kill another.
The Hebrew code almost stands alone
in its recognition of mans desire to kill
and his right to have that desire and that
climax of all satisfaction which comes to
him who under great provocation Stays
another. It's not at all strange that in
this branch there should be an extended
code of unwritten as written law, unwrit-
ten now and always to be unwritted Tor
the reason that the recognition given by
ifs embodiment in the statutes would be
taken as license by dishonest men and
would result in harm rather than good.
II is an unwritten law among officers OF
the army that if a subordinate officer kill
superior officer because that officer has
publicly degraded him by striking him or
by other action equally humiliating then
the courtmartial will not convict. During
the Civil War at Louisville, Kentucky
General Nelson said to General Davis:
Chow many men have you?"
General Davis replied, About ="
giving an approximate number.
Nelson said, "You are an army officer
and say 'aboutP Why don't you know
how many men you have?" And with
that ne struck Davis in the face with nj:
glove. Davis shot and killed him anc
the courtrnartial acquitted Davis.