All civilized countries, including 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 a day or two before a decision was reached."
The Director of the Political Department (Herr Conrad) gave a further
"positive assurance that the [American] Legation would be fully informed as to the developments in the case."
Notwithstanding this direct promise and further "repeated inquiries in the course of the day," no further word reached our Legation, and at 6.20 p.m. it again inquired as to Miss Cavell's fate, and the Director of the Political Department again