The Case of Edith Cavell / A Study of the Rights of Non-Combatants

by James M. Beck

Not long after this second protest, M. Léon Théodor was arrested, deported to Germany and if now living, is suffering imprisonment for the offense of defending the oppressed civilian population from a system of espionage, drumhead courts-martial and secret executions, which in their malignity should excite the professional jealousy of Danton, Marat and Robespierre. It was in this manner that the lofty promise of the German Chancellor that his country would make good the wrong done to Belgium has been kept.

Such was the condition of affairs in Belgium when Edith Cavell was arrested on August 5th, 1915.

About the same time some thirty-five other prisoners were similarly arrested by the military authorities, two-thirds of whom were women.

The arrest was evidently a secret one for it is obvious that for a time Miss Cavell's friends knew nothing of her whereabouts. Even the American Legation, which had assumed the care of British citizens in Belgium, apparently knew nothing of Miss Cavell's whereabouts until it learned after a second inquiry the fact of her arrest and the place of her imprisonment from the German Civil Governor of Belgium on September 12th, 1915.

As Miss Cavell was a well-known personage in Brussels, it is altogether unlikely that the fact of her arrest and imprisonment would have been unknown to the American Legation in Brussels if the fact of her arrest had been a matter of public information on August 5th or shortly thereafter. In other words, if the arrest had been an open and notorious one, it seems to me unlikely that the American Embassy would have been wholly without information on the subject and when the friends of Miss Cavell found an opportunity to send some information as to her disappearance to the British Foreign Office, it seems unlikely that they would not have given more specific details.

Evidently some information had reached the Foreign Office as to Miss Cavell's disappearance, for on August 26th Sir Edward Grey requested the American Ambassador in London to ascertain through the American Legation in Brussels whether it was true that Miss Cavell had been arrested, and it seems clear from the diplomatic correspondence that the American Legation at Brussels knew nothing of the matter until it received this inquiry from the American Ambassador in London. The fact of her arrest by the German military authorities must have been known, but the place of her imprisonment and the nature of the charges against her were apparently withheld.

This feature of the case and the manner in which Mr. Brand Whitlock, the American Minister, was prevented from rendering any effective aid to Miss Cavell, presents one aspect of the tragedy which especially concerns the honor and dignity of the United States and should receive its swift and effectual recognition.

Her secret trial and hurried execution was a studied affront to the American Minister at Brussels, and therefore to the American nation. It is true that in all he did to save her life he was acting in behalf of and for the benefit of Great Britain, whose interests the United States Government has taken over in Belgium; but this cannot affect the fact that when Brand Whitlock intervened in behalf of the prisoner, sought to secure her a fair trial, and prevent her execution, and especially when he asked her life as a favor in return for the services our country had rendered Germany and German subjects in the earlier days of the war, he spoke as an American and as the diplomatic representative of the United States.

So secret was Miss Cavell's arrest and so sinister the methods whereby her end was compassed, that the American Minister in Belgium was obliged to write on August 31st to Baron von der Lancken, the German Civil Governor of Belgium, and ask whether it was true that she was under arrest. To this the German Military Governor did not even deign to make a reply, although it was clearly a matter of life and death.

The discourtesy of such silence to a great and friendly nation needs no comment, and will simply serve to remind the American people that Germany has never yet replied to another request of the United States that Germany disavows the massacre of nearly 200 American men, women, and children on the Lusitania.