New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-08-09
THE FRYATT CASE
In Some Respects the Worst Example OF
German Frighifulnev.
To the Editor of The Tribune.

To the Editor of The Tribune.
Sir: The execution Of Captain fryatt IL III
some respects the most brutal and cynical eN-
lhibition of frightfulness in which Germany
has hitherto INDUCED. Her other atrocities
have usually contained either some color OF
law or some possibility of advantage; the
killing of Fryatt had neither.
The worst Of the atrocities committed IN
Belgium Serbia and other invaded territories
were the acts of privates or Of officers Oh low
rank. Where the higher command accepted
responsibility for them it was always on the
plea of necessity or OF reprisal. mat these
pleas were false is of no consequence 10 this
discussion; from the German side they pro-
yided an appearance OF law. Inc Ia'isH-
ments and mutilatons and gratuitous muir
ders were Of course denied. However con-
WINGED we may be that they were IN tact Done
by order for the purpose Of intimidation by
frightfulness. this has never been admitted
bv the German authorities. In like manner
the killing of women and children by leppe-
Inns has never been acknowledged as inten-
tional. the German statements invariably re-
porting these raids as attacks on fortihed
places or muniton factories, and the slaugh-
ter of innocents mentioned as unfortunate ana
unavoidable circumstances. The SINKING OIL
merchantmen has similarly been ATTRIBUTED
to attempts 20 escape or 20 ram the attachpS
submarines and as TO them, even II lneNcusa-
bic under international law, there existed d
distinct military advantage outside OF the
doctrine of frightfulness in the destruction
Of munitions and the lcssenins Of tonnage.
The nearest analogy to the Fryatt case was
the execution of Edith Cavell, but here, TOO
great differences exist. The fact that Miss
Cavell was n noble and unselhsh woman mas
made the horror Of it more arresting, but her
death does not demand punishment to the
same extent as that Of Captain fryatt'
Every sovereign nation has right to make
such laws as it chooses to apply in the terri
tory over which it has jurisdiction. Ger
MANY had by conquest acquired Brussels, and
her Jurisdiction over occupied Belgium was
de facto. although not de jure. The laws
made by Germany TO be in force in Brussels
were broken By Edith Cavell within and under
this German Jurisdiction. and the penalty
exacted. shameful and abomnable as 1t was
none the less was legal. 1t is, Of course, an
eternal disgrace 20 Germany that IT should
have been legal, but Germany had the de
flcto jurisdiction TO make It So
The act for which Captain Fryatt was exc
cuted was not committed within German Juris-
dction either de jure or de facto' put upon
the high seas. Acts committed on the hlgh
seas. so far as they affect the nation unuer
whose flag they are done, are subject TO the
laws of that nation; so far as they ahect
other nations they are subject to lnterna-
tional law. Under no circumstances can a ma
ton not owning the ship on when or Win
which an act is done afec. the legality OF
that act by making laws concerning 1t; Jurls-
diction is entirely lacking, and jurisdiction
is the basis of all law.
There is no principle of international law
more fundamental or more universally recog-
nized than that of the right of self-defence.
If \ yessel is attacked it has a perfect right
n defend itself. whether it be warshlp or
merchantmen and one OF the most self-eVl-
dent means of defence against an attacking
submarine is TO ram the assailant. There
fore even if all the German assertions o.
Cantsin Fryatts acts are true he in no way
acted contrary to law, and when subsequently
cantured was entitled TO be treated as nom
combatant.
Here, then. is an unLisputed instance of
German frightfulness, utterly Illegal, without
even the pretence Of legality except under
German code which entirely lacked appllca-
bilitv because Of lack OF jurisdiction, respon-
sibilitv for which is accepted by the German
bicb command. a deed from which no possible
advantage outside of frightfulness could come
10 Germany. The persons responsible for
this execution be they Kaiser or grand adml-
raj are guilty of murder, because they de-
liberateIy and wantonly killed man without
color of law.
The extraordinary part Of the affair Is the
psychology of Germany in failing TO see tna'
this deed has destroyed the last possible
chance of her enemies conserving TO peace
heal /
r,i,tod,, defeated The loss of half million
men and a billion marks would not have done
tho German cause so much harm as has this
killing Of Captain Fryatt.
BENJAMIN APTHORP GOULD.
Toronto Canada Aug. !, 1916.