Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1918-12-10

of Germany, recently hastily crossed
with his suite, from Prussia into
Holland, all, it is reported, being
in uniform and wearing their
swords. war still existing.
Since then the Kaiser has formal
ly abdicated as King and Emperor
and ostentatiously assumed civilian
attire, and it is asserted that he is,
therefore, immune for crimes al
legged to have been committed with
lis knowledge and approval ana IN
violation of the laws OF war durlhS
the recent belligerent operations.
The Neths rlends Government has
accordingly just appointed a board
of three civilians, one of them
professor. to inquire into the status
of this military fugitive as II such
inquiry were necessary or Such Il
board competent for the purpose.
In a speech delivered last week
at Newcastle by that truly great
man. Lloyd George, Prime Minister
of England, concerning the respon-
sibility OF the late North German
Emperor for the invasion of BelSi-
um, in violation of its solemnlN
guaranteed neutrality, he remarked
that he had consulted some of the
greatest jursts of England and that
they had unanimously and definitely
arrived at the conclusion that IN
their judgment, the former German
Emperor was guilty OF an indictable
offenSe for which he ought 10 ne
held responsible, and Attorney zen
eral of England, Sir Frederick T..
Smith, has since expressed the same
opinion.
The Premier further said that the
Entente Allies have got so 10 act
that men IN the future who feel
tempted to follow the example OF
the rulers who plunged the world
into war will know what is waiting
for them in the end
With his thoughts upon the sub
ject and realizing that dire sacrifices
have been endured by the Entente
Allies in the cause of humanity and
viudication of the law of nations, he
added that somebody has been re-
sponsible for the q osliberate plotting
of a great war that has taken the
lives of millions of the best young
men of Europe. That the subma-
rine warfare did not mean only
sinking ships, but it was crime
against humanity in that it sank
thousands OF harmless merchant
men, which acts were rank piracy,
and that the pirates must receive
punishment.
After alluding TO the dreadful
treatment of prisoners taken by the
Germans and other atroCious acts
in violation of the law of nations,
he declared that we must see by
the action We take now, just, fear
less and relentless, that it is a crime
that shall never again be repeated
in the history of the world
Thus spake Great Britain's Prem
Ter. fully realizing that the idea of
punishment in so far as America
and the Entente Allies are concern
ed. is solely 10 deter others from
committing like offenseS.
The laws of war" constitute that
branch of the law of nations which
relate to belligerent operations on
land or sea, and those who probably
are best qualified to administer such
laws and TO determine as to viola
tions OF the same are the men whose
duty il is TO comply with them and
who imperil their lives in belligerent
operations and primarily suffer
from their violations.
The eminent jurists whom Pre-
Wier Lloyd George consulted are
civilians and. as might have been
expected. they could only see to
preliminary inquiry first before a
civil magistrate, then an indictment
by a Grand Jury of civilians, and
then trial of the accused for the Of
AtltHt a d6dlINN Allt laws VI " III ~
petit jury of civilians.
The Military Commission of sworn,
duly commissioned officers of the
army is the tribunal designated in
acts of the Congress of the United
Stat& to take CogniZanCe of and
Jurisdiction over violations of the
laws of war and administer stern
and impartial justice according 10
the nature and degree of the crime.
The continued and successful at
tempts in the United States during
the present war TO relegate such Of
fenses to indictment by a Grand
Jury of civilians and trial by petit
jury of civilians followed, on con-
viction, by slight punishments by
Federal courts for violation of such
laws, when under the laws of war
ceath is the penalty. have only en-
.,ouIagci insteyd Of deferred others
from committing like offenses. re-
sulting in losses of many lives and
destruction of millions of war SER
vice property in factories, ware
houses and when being shipped.
All this procedure was taken on
the false assumption that, as the
United States civil courts were open,
such trials must be had there, de-
spite the fact adduced in evidence
that the German War Lord was ac-
tually and covertly waging war in
the United States, not only through
commissioned officers, but through
other agencies.
To determine whether he is amend
able to justice reference must be
had. not to civil law with incidental
indictment for crime, but to the law
OF nations and Jurisdiction given
hereunder.
The Christian nations of the earth
established this code 10y common
consent, and il is the international
common law Of intercourse between
them for peace or war.
In the Constitution of the United
States the law of nations is recog-
nized as an integral part of our
laws, as much 50 as If specifically
enacted.
Thus, in article l., Section 10, Con-
gress is given power TO define and
punish piracies and felonies COM
mitted on the high seas and offenses
against the law of nations.
This power, is, however, but a
limited one. Congress may define
the tribunal which shall try piracies
on the high seas. but cannot define,
at will, what such piracy shall con-
sist of. because the law of nations
committed on the American sea-
coast or it's inland waters.
AS to piracy on the high seas,
there is but one sentence on con-
viction, and that is the penalty Of
death under the law of nations, and
the Federal court trying such cases
Is acting as an international tribun-
al and agent to administer justice
for all nations, because pirates are