This fact must have impressed the Military Court, for according to the

same informant it did not at once agree upon either the verdict of

"Guilty" or the judgment of death, and it is stated that the Judges

would not have sentenced her to death if the fugitive soldiers, who had

crossed into Holland, had not subsequently arrived in England. But it

will astound any lawyer to learn that the subsequent escape of these

same prisoners from Holland to England could be reasonably regarded as a

guidance by Miss Cavell of these soldiers _to England_. In all

probability Miss Cavell had little or nothing to do with these soldiers

after they left Brussels, but even assuming that she provided the means

and gave the directions for their escape across the frontier between

Belgium and Holland, that was "the head and front of her offending," and

it does not come within the law under which she was sentenced to death.

When she was asked by her Judges as to her reasons for sheltering these

fugitives, "she replied that she thought that if she had not done so

_they would have been shot by the Germans_ and that therefore she

thought she only did her duty to her country in saving their lives."

This fairly states what she did, and perhaps this brave and frank reply

caused her death. She gave a temporary shelter to men who were in danger

of death, and, as previously stated, in so doing yielded to a

humanitarian impulse which all civilized nations have recognized as

worthy of the most lenient treatment.

When, therefore, Herr Dr. Albert Zimmermann, speaking for the German

Foreign Office, expressed its "surprise" that Miss Cavell's execution

should "have caused a sensation," it is well to remind Dr. Zimmermann

that to offer a refuge to the fugitive is an impulse of humanity. It is

likely that these soldiers were her wounded patients; at all events,

they had found a refuge in her hospital. They claimed the protection of

her roof and she gave it to them.

In the first act of Walkyrie--which is not overburdened with the

atmosphere of morality--even the black-hearted Hunding says to his

blood-enemy,

"Heilig ist mein herd;

Heilig sei dir mein haus."

(Holy is my hearth!

Holy will be to them my house!)

It must be remembered that all this did not take place in the zone of

actual warfare. A spy caught in the lines of armies is summarily dealt

with of necessity. But Brussels was miles away from the scene of actual

hostilities. Its civil courts were open and a civil administration ruled

its affairs of such reputed beneficence and efficiency as to evoke the

ungrudging admiration of a distinguished college professor who bears the

honored name of George B. McClellan. There was therefore no possible

excuse under international law for a court-martial, as this trial

plainly was. In the American civil war a similar military commission

once sought to hold a similar trial in Indianapolis over civilians

accused of treason, but the United States Supreme Court, in the case of

ex parte Milligan, sternly repudiated this form of military tyranny.

In that case the Supreme Court said:

"There are occasions when martial rule can be properly applied. If,

in foreign invasion or civil war, _the courts are actually closed_,

and it is impossible to administer criminal justice according to

law, then, _on the theatre of active military operations, where war

really prevails_, there is a necessity to furnish a substitute for

the civil authority, thus overthrown, to preserve the safety of the

army and society; * * * As necessity creates the rule, so it limits

its duration; for, if this government is continued _after_ the

courts are reinstated, it is a gross usurpation of power. Martial

rule can never exist where the courts are open, and in the proper

and unobstructed exercise of their jurisdiction. _It is also

confined to the locality of actual war._"

All civilized countries, including Germany, have always recognized a

difference between high treason, punishable with death, and ordinary

treason. The German Strafgesetzbuch thus distinguishes between high

treason (hochverrat) and the lesser crime of landesverrat. High treason

consists in murdering or attempting to murder a sovereign or Prince of

Germany or an attempt by violence to overthrow the Imperial Government

or any State thereof. This alone is punishable with death.

While this distinction of the German Civil Code may have no application

when military law is being enforced, yet it illustrates a distinction,

which all humane nations have recognized, between the treason which

seeks to overthrow a State by rebellion and lesser offenses against the

authority of a State.

Assuming that Miss Cavell's offense could be regarded in any sense as

treasonable, it certainly constituted the lesser offense under the

distinction above quoted.

The fact is that Miss Cavell was tried, condemned, and executed for her

sympathy with the cause of Belgium and her willingness to save her

compatriots from suffering and death. Military necessity--ever the

tyrant's plea--demanded a victim further to terrorize the subjugated

people. They chose Miss Cavell.

Notwithstanding the request of the American Legation in its letter of

October 5th that it be advised not only as to the charges, but also as

to the sentence imposed upon Miss Cavell, and the express promise of M.

Kirschen to inform it of all developments, it was kept in ignorance of

the fact that sentence of death had been passed upon her. Minister

Whitlock only heard this on October 11th, and he at once addressed a

letter to Baron von der Lancken in which, after stating this fact, he

appealed "to the sentiment of generosity and humanity in the Governor

General in favor of Miss Cavell," with a view to commutation of the

death sentence, and at the same time addressed a similar letter to Baron

von Bissing, the Military Governor of Belgium, who did not deign to give

to the American Government even the cold courtesy of a reply.

On the morning of October 11th our Minister heard--not from the German

authorities, but from unofficial sources--that the trial had been

completed on the preceding Saturday afternoon, and he at once

communicated with the Political Department of the German Military

Government, and was expressly assured

"that no sentence had been pronounced and that there would probably

be a delay of a day or two before a decision was reached."

The Director of the Political Department (Herr Conrad) gave a further

"_positive assurance that the [American] Legation would be fully

informed as to the developments in the case._"

Notwithstanding this direct promise and further "repeated inquiries in

the course of the day," no further word reached our Legation, and at

6.20 p.m. it again inquired as to Miss Cavell's fate, and the Director

of the Political Department again

"_stated that sentence had not yet been pronounced_,"

and he specifically renewed his assurance. Two hours later our Minister

_from unofficial sources_ heard that all that had been told him by the

Political Department was untrue, and that the sentence had been passed

at 5 o'clock p.m.; _before his last conversation with the Director_, and

that the execution was to take place that night.

Accordingly the Secretary of the American Legation proceeded at once to

Baron von der Lancken, and again asked as a favor to this Government

that clemency be extended. He brought with him a letter from the

American Minister, which reads as follows:

"My dear Baron:

"I am too ill to put my request before you in person, but once more

I appeal to the generosity of your heart. Stand by and save from

death this unfortunate woman. Have pity on her. Your devoted

servant,

"BRAND WHITLOCK."

Accompanying this purely personal note were two substantially similar

communications, the one directed to Baron von Bissing and the other to

Baron von der Lancken. These communications run as follows:

"I have just heard that Miss Cavell, a British subject, and

consequently under the protection of my Legation, was this morning

condemned to death by court-martial.

"If my information is correct, the sentence in the present case is

more severe than all the others that have been passed in similar

cases which have been tried by the same Court, and, without going

into the reasons for such a drastic sentence, I feel that I have

the right to appeal to your Excellency's feelings of humanity and

generosity in Miss Cavell's favour, and to ask that the death

penalty passed on Miss Cavell may be commuted and that this

unfortunate woman shall not be executed.

"Miss Cavell is the head of the Brussels Surgical Institute. She

has spent her life in alleviating the sufferings of others, and her

school has turned out many nurses who have watched at the bedside

of the sick all the world over, in Germany as in Belgium. At the

beginning of the war Miss Cavell bestowed her care as freely on the

German soldiers as on others. Even in default of all other reasons,

her career as a servant of humanity is such as to inspire the

greatest sympathy and to call for pardon. If the information in my

possession is correct, Miss Cavell, far from shielding herself,

has, with commendable straightforwardness, admitted the truth of

all the charges against her, and it is the very information which

she herself has furnished, and which she alone was in a position to

furnish, which has aggravated the severity of the sentence passed

on her.

"It is then with confidence, and in the hope of its favourable

reception, that I have the honour to present to your Excellency my

request for pardon on Miss Cavell's behalf."

This note was read aloud to Baron von der Lancken, the very official who

had refused to answer the first communication of the Legation with

reference to the matter, and he

"expressed disbelief in the report that sentence had actually been

passed and manifested some surprise that we should give credence to

any report not emanating from official sources. He was quite

insistent in knowing the exact source of our information, but this

I did not feel at liberty to communicate to him."

Baron von der Lancken proceeded to express his belief "that it was quite

improbable that sentence had been pronounced," and that in any event no

execution would follow. After some hesitation he telephoned to the

Presiding Judge of the Court-Martial and then reported that the

embassy's unofficial information was only too true.

His attention was further called to the express promise of the German

Director of the Political Department to inform the American Legation of

the sentence, and he was asked to grant the American Government the

courtesy of a "delay in carrying out the sentence."

To this appeal for mercy Baron von der Lancken replied that the Military

Governor (von Bissing) was the supreme authority and that he "had

discretionary power to accept or to refuse acceptance of an appeal for

clemency." He thereupon left the representative of the American Legation

and apparently called upon von Bissing, and after half an hour he

returned with the statement that not only would von Bissing decline to

revoke the sentence of death, but "that in view of the circumstances of

this case, he must decline to accept your plea for clemency or any

representation in regard to the matter."

Thereupon Baron von der Lancken insisted that Mr. Brand Whitlock's

representative (Mr. Hugh Gibson, Secretary of the Legation) should take

back the formal appeal for clemency addressed both to him and to von

Bissing, and as both German officials had been fully advised as to the

nature of the plea, Mr. Gibson finally consented. Baron von der Lancken

assured Mr. Gibson that under the circumstances "even the Emperor

himself could not intervene," a statement that was very quickly refuted

when the Emperor--aroused by the world-wide condemnation of Miss

Cavell's execution--did commute the sentences imposed upon six of the

seven persons who were condemned to death with Miss Cavell.

During the earnest conversation which took place in this last attempt to

save Miss Cavell's life, the American representative took occasion to

remind Baron von der Lancken's official associates--although it should

not have been necessary--of the great services rendered by the United

States, and especially by Mr. Brand Whitlock, in the earlier period of

the German occupation, and this was urged as a reason why as a matter of

courtesy to the United States Government some more courteous

consideration should be accorded to its request. At the outbreak of the

war, thousands of German residents in Belgium returned to their country

in such haste that they left their families behind them. Mr. Whitlock

gathered these women and children--numbering, it is said, over

10,000--and provided them with the necessaries of life, and ultimately

with safe transportation into Germany, and having thus placed this

inestimable service to thousands of German civilians in one scale, the

American representative simply asked, as "the only request" made by the

United States upon grounds of reciprocal generosity, that some clemency

should be given to Miss Cavell. The refusal to give this clemency or

even to accept in a formal way the plea for clemency, is one of the

blackest cases of ingratitude in the history of diplomacy.

On October 22nd there was issued from Brussels a "semi-official" but

_anonymous_ statement, charging that in the reports of the Secretary of

the American Embassy, from which the above quoted statements are mainly

taken, "most of the important events are inaccurately reproduced."

No specification of any inaccuracy is however made, except the general

denial "that the German authorities with empty promises put off the

American Minister" and also the equally general statement that no

promise was given to our embassy to advise it of developments in the

case.

A vague, general, and _anonymous_ denial, issued by men who seek to wash

their hands of innocent blood, cannot avail against Mr. Gibson's clear,

specific, and circumstantial statement. The Secretary of our embassy

states that on October 11th "_repeated_" inquiries were made of Herr

Conrad, the official in charge of the Political Department of the German

Government in Belgium, _the last inquiry being at 6.20 p.m. by the

clock_ (an hour after the victim had been sentenced to death), and that

on each occasion assurance was given to the Legation that "sentence had

not been pronounced" and that he (Conrad) would not fail to inform us as

soon as there was any news.

Does Herr Conrad deny this?

The Brussels "semi-official" statement has the hardihood to state to the

world that the American Minister (Brand Whitlock) had admitted that "no

such promise or assurance was given," and it places the responsibility

upon M. Deleval, the Belgian legal counselor of the American Embassy.

But this impudent lie is speedily overthrown by the positive statement

of our Minister at Belgium to our Ambassador in London as follows:

"From the date we first learned of Miss Cavell's imprisonment we

made frequent inquiries of the German authorities and reminded

them of their promise that we should be fully informed as to

developments. They were under no misapprehension as to our interest

in the matter."

Will the American people or the people of any nation hesitate to accept

the clear, positive, and circumstantial statements of Minister Whitlock,

Secretary Gibson, and Counselor Deleval, at least two of whom are wholly

disinterested in the matter, as against the self-exculpatory, general,

and anonymous denials of a "semi-official" press bureau, especially when

it is recalled that from the beginning of the great war, the German

Foreign Office, with whom military honor is supposed to be almost a

religion, has stooped to the most shameful and barefaced mendacity?

When the world recalls how Austrian Ambassadors in Paris, London, and

Petrograd made the most emphatic statements that the forthcoming

ultimatum to Serbia would be "pacific and conciliatory," and assured the

Russian Ambassador that he could therefore safely leave Vienna on his

vacation on the very eve of the ultimatum, and when the German

Ambassadors in the same capitals gave the most solemn and unequivocal

assurances that

"the German Government had no knowledge of the text of the Austrian

note before it was handed in and had not exercised any influence on

its contents,"

and later admitted, when the lie had served its purpose by lulling the

world into a sense of false security, that it had been fully consulted

by its ally before the ultimatum was prepared and had given it carte

blanche to proceed, when these notable examples of Prussian

Machiavellism are recalled, little attention will be given to these

futile attempts to wash from the shield of German honor the blood of

Edith Cavell.

One can to some extent understand the Berserker fury which caused von

Bissing to say in effect to this gentle-faced English nurse, "You are in

our way. You menace our security. You must die, as countless thousands

have already died, to secure the results of our seizure of Belgium"; but

can we understand or in any way palliate the attempt to hide the stains

of blood on that prison floor of Brussels with a cobweb of self-evident

falsehoods?

These stains can never be washed out to the eye of imagination.

"Let none these marks efface,

For they appeal from tyranny to God."

In the last interview between our representative and Baron von der

Lancken, which took place a few hours before the execution, our

representative reminded these Prussian officials

"of our untiring efforts on behalf of German subjects at the

outbreak of the war and during the siege of Antwerp. I pointed out

that, while our services had been gladly rendered and without any

thought of future favors, they should certainly entitle you to some

consideration for the only request of this sort you [the American

Minister] had made since the beginning of the war."

Even our Minister's appeal to gratitude and to one of the most ordinary

and natural courtesies of diplomatic life proved unavailing, and at

midnight the Secretary of the American Legation and the Spanish

Minister, who was acting with him, left in despair. At 2 o'clock that

morning Miss Cavell was secretly executed.

Even the ordinary courtesy accorded to the vilest criminal, of being

permitted before dying to have a clergyman of her own selection, was

denied her until a few hours before her death, for the legal counselor

of the American Legation on October 10th applied in behalf of this

country for permission for an English clergyman to see Miss Cavell, and

this, too, was refused, as her jailers preferred to assign her the

prison chaplains as well as her counsel. Even the final appeal of our

Minister for the surrender of her mutilated body was denied, on the

ground that only the Minister of War in Berlin could grant it.

Apart from the brutality of the whole incident there is one circumstance

that makes it of peculiar interest to the American people and which

gives to it the character of rank ingratitude. Our representative, as

above stated, did advise the German officials that a little delay was

asked by our Legation _as a slight return for the innumerable acts of

kindness which our Legation had done for German soldiers and interned

prisoners in the earlier days of the war before the German invasion had

swept over the land_. The charge of ingratitude may rest soundly upon

far greater and broader grounds.

This great nation had contributed in money and merchandise a sum

estimated at many millions for the relief of the people in Belgium. In

so doing it did to the German nation an inestimable service, for when

Germany conquered Belgium the duty and burden rested upon it to support

its population to the extent that it might become necessary. The burden

of supporting 8,000,000 civilians was no light one, especially as there

existed in Germany a scarcity of food. As bread tickets were then being

issued in Germany to its people, the supplies would have been

substantially less if a portion of its food products had been required

for the civilian population of Belgium, for obviously the German nation

could not permit a people, whom it had so ruthlessly trampled under

foot, to starve to death. Every dollar that was raised in America for

the Belgian people, therefore, operated to relieve Germany from a heavy

burden.

Moreover, when the war broke out, Germany needed some friendly nation to

take over the care of its nationals in the hostile countries, and in

England, France, Belgium, and Russia the interests of German citizens

were assumed by the American Government as a courtesy to Germany, and no

one can question how faithfully in the last fourteen months Page in

London, Sharp in Paris, and Whitlock in Brussels have labored to

alleviate the inevitable suffering to German prisoners or interned

civilians.

In view of these services, it surely was not much for the American

Minister to ask that a little delay should be granted to a woman whose

error, if any, had arisen from impulses of humanity and from

considerations of patriotism. To spare her life a little longer could

not have done the German cause any possible harm, for she was in their

custody and beyond the power of rendering any help to her compatriots.

To condemn any human being, even if he were the vilest criminal, at 5

o'clock in the afternoon and execute him at 2 a.m., was an act of

barbarism for which no possible condemnation is adequate.

Under these circumstances, it would be incredible, if the facts were not

beyond dispute, that the request of the United States for a little

delay was not only brutally refused, _but that our Legation was

deliberately misled and deceived until the death sentence had been

inflicted_.

This makes the fate of Miss Cavell our affair as much as that of the

Lusitania. And yet we have the already familiar semi-official assurance

from Washington that while our officials "unofficially deplore the act,

officially they can do nothing." Concurrently we are told in the

President's Thanksgiving proclamation that we should be thankful because

we have "been able to assert our rights and the rights of mankind," and

that this "has been a year of special blessing for us," for, so the

proclamation adds, "we have prospered while other nations were at war."

I venture to say in all reverence that the God of nations will be better

pleased on the coming Thanksgiving Day--which also should be one of

penitence and humiliation--if we do a little more _in fact_ and less in

words to safeguard the rights of humanity. Our initial blunder was in

turning away the Belgian Commissioners, when they first presented the

wrongs of their crucified nation, with icy phrases as to a mysterious

day of reckoning in the indefinite future. An act of justice now will be

worth a thousand future "accountings" after the long agony of the world

is over. "Now is the accepted time, this the day of salvation."

_Let our nation begin with the case of Edith Cavell, and demand of

Germany the dismissal of the officers who flouted, deceived, and mocked

the representative of the United States. That concerns our honor as a

nation._

The final scene of the tragedy is best stated in the simple but

poignantly pathetic words of the Chaplain, who was permitted to see the

victim a few hours before her death:

"On Monday evening, 11th October, I was admitted by special

passport from the German authorities to the prison of St. Gilles,

where Miss Edith Cavell had been confined for ten weeks. The final

sentence had been given early that afternoon.

"To my astonishment and relief I found my friend perfectly calm and

resigned. But this could not lessen the tenderness and intensity of

feeling on either part during that last interview of almost an

hour.

The Case of Edith Cavell A Study of the Rights of Non-Combatants · 第 2 / 3 段