The Washington herald., 1916-07-30
A New Law of the Sea.

the execution of Capt Charles Fryatt, of the
British merchant ship Brussels, who was shot to
death in Germany for an alleged attempt to ram
a submarine. Perhaps there has not been much
surprise in this country where memory of the
murder of Miss. Edith Cavell still fingers, and
where there is strong belief that Germany has
determined to, continue her policy Of framing
international law to suit her own ends as the
war progresses and develops phases.
In the first days Of the war, when Teuton
armies were driving through Belgium, Germany
told the world in bloody proclamation that she
intended to wage the war according to her own
law and her own conception of right, regardless
of international conventions The news was
told in the wholesale executions of Belgian men,
women and children
Then followed numerous cases where the
full meaning of Germany's policy was revealed,
the most notable being the case of the Lusitania
in which nation for the first time claimed the
| right OF numbering women and children aboard
merchant ship without giving warning or any
chance for escape. Germany did not cease at
tacks on unwarned merchant ships, we have been
informed, until her U-boat fleets were practi-
cally driven from the seas.
Then came the case OF Miss Cavell and the
neutral world hoped that the limit of horror
had been reached. But apparently Germany
has few more in store. The latest is the
execution of Capt. Fryatt and it is in the cate
CORY of the horrible because, being without
warrant of law, it is murder.
In considering the Fryatt execution it must
be remembered that in England there are scores
of German csptives who regarded as mur-
derers by the British, but who have been treated
honorable Drisoners of TbeSa
have been taken from submarines known to
have sent peaceful merchant ships to the bot
tom with innocent noncombatants aboard and
from Zeppens known to have dropped bombs
on unarmed cities and villages, causing the
deaths of women and children.
Judging by the facts in the Fryatt case
given out by Berlin, the execution is ndefen-
sible. The facts as follows:
On March 28, 1915, Capt. Fryatt COM
manding a British merchant steamship,
attempted to ram the German submarine
U-33 the Mas Lightship. The sub
marine had signaled the steamship to
show her flag and stop, but Capt. Fryatt
tried to down the U-boat. The sub
marine escaped by diving
On June "a last a German torpedo
flotilla captured the steamship Brussels
and took Capt. Fryatt prisoner He was
tried before German naval court-martial
and shot to death.
Germany officially described the execution
in these words: "One of the manv franc
tireur actions OF England merchant shipping
against vessels has thus found late
but merited expiation.'
The law that Germany has established
by this act seems to be that merchant cap
tain who resists capture is a pirate and should
be given the pirates punishment, death The
law, but they must abide by its results, at least
until the end of the war. Apparently, the only
way for the allies to effectively protest is by
reprisals and there has been no intimation that
this course will be adopted.
The execution of Capt. Fryatt certainly is
in violation of all law that the world recognizes
and is a precedent at sea. The United States
Naval War Code of 1900, Article 10, Clause 3,
says: THE personnel Of a merchant vessel
who, in self-defense, resist attack, are entitled
if captured, to the status of prisoners of war"
Germany herself has shown that U-boat's
approach toward a merchant vessel is signal
Of attack and the merchant vessels of the
allies have been instructed to defend them
selves upon sighting a submarine To await
the actual attack in the discharge of torpedo
would mean destruction in nearly every case
So the captain of merchant vessel has only
these courses open:
l. He may surrender
2 He may fee at risk of being torpedoed
8. He may defend his ship and be shot if
his defense is unsuccessful
Thus, Germany leaves but one safe course
for the merchant vessel captain-surrender The
Fryatt execution makes this plain TO British cap
talns and is in accordance with the German
policy of terrorizing the enemy before attacking
him. The execution may be accepted as con-
elusive proof that Germany is about to inaugu-
rate new U-bost even more ruthless than
that which nearly caused the breaking of diplo-
matte relations between Berlin and Washington.
The humorists point out that Hughes may
win but only by close shave