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