A CONTRAST

Dominion, Volume 9, Issue 2669, 15 January 1916, Page 13

A CONTRAST

BRITISH LENIENCY AND BUTCHERY

THE CASE OF A BOY SPY i (From "Hie Spectator.") Mr. ltaoserelt, who- successfully intervened 011 behalf of a Gcrnian-Auiuri-can boy of nineteen named Kenneth Triest, about to be tried in Loudon for espionage, has hot failed to dwell upon tile obvious contrast between the British leniency aud what he calls the butchery of Miss Cavell by the Germans. Apparently there was no doubt whatover about tiie guilt of 'Priest. The boy's father, however, had the happy thought of appealing to Mr. Roosevelt, who made representations to the British Ambassador at 'Washington. Mr. Roosevelt's request for indulgence was based 011 a statement that the.boy w'as insane. In writing to Mr. Waiuwriglvi, counsel for tho boy'a father, Mr. Roosevelt explained that tho British Government were willing to release the boy if the father would come and take him back to the United States and make himself personally responsible for him. Sir Edward Grey and Mr. Balfour, after going carefully over tho facts, could find no traces of madness in Triest, hut they were nevertheless ready to give him the benefit of the doubt and not bring him to trial if_ the father would accept the one condition of the boy's release. Otherwise the trial would proceed, and could hardly fail to end in condemnation. Mr. Roosevelt, after acknowledging tTje fathers acceptance ot the condition, goes on: — "If the boy shall appear to be still of unbalanced mind, my own judgment i.i that he ought to be sent to some sanatorium, at least until the war is over. If he has in any way recovered, then Mr. Triest should bring him to me and give me an opportunity to explain to him in the presence of his lather aud yourself the terrible character of his offence. I wish him to uneerstand that the offence hi his case is not only an offence against tho law of nations, but an offence aaginst tho law of honour as understood by gentlemen, an offence which, if it had not been committed when his mind was unbalanced, would unfit him for association witli any soldiers of a high standard of professional and personal probity and honour. Moreover, he should understand and appreciate the contrast between the conduct of the British Government in his case and the conduct of the German Government ill permitting and sanctioning what, in order .to be truthful, I can only describe ad the butchery of Miss Cavell. Miss Cavell was butchered for actions such as were taken by hundreds, probably thousands, of women in our Civil War, and it never entered the heads of either the Union or the Confederate Government that it was possible so much even as to consider putting to death these women. The execution of Miss Cavell was a deed of black horror, and when I saw the account of it I confess I did not believe the British Government would be inclined io show mercy to young Triest, for of course the British Government had a thousandfold more justification for insisting upon tho execution of Triest than the German Government had for putting to death Miss Cavell. The hoy should be made t) understand the mercy and magnanimity with which the British Government has treated him."

It is to bo noticed that Mr. Roosevelt, as though specially to underline the mercy shown by the British Government, suggests that the boy should ■lie prevented from doing further harm by being put away during the ivar. The' British Government stipulated nothing of tiiis sort. They asked for the father's pledge and nothing more. Mr. Roosevelt's straight and manly words have been read in this country with great pleasure. We are all grateful for the certificate of good conduct. But, after all, we must not pretend that the act of clemency to a boy who was probably neurotic and erratic in his ways was a wonderful deed of magnanimity. It is only by contrast with German ways that it can seem to be such. If Germany had not blotted out all the humane customs which had gradually established themselves during many centuries, we should consider that tlie release of Triest was nothing unusual, judged by tlio standard ef even mediaeval soldiers. Edward 111 and his troops would have thought it shame not to regard chivalrous acts as part of the equipment of every accomplished soldier. - If the teaching of humane custom in relation to spies can be summarised, it surely, amounts to this: that tlie 'execution of spies is in every way justifiable and;necessary, so that no nation as war can afford to let them go free as a rule, but that, nevertheless, a Government capable of mercy are glad, and even anxious, to discover an excuse fOl exercising leniency. The spies who have been executed in England during the war had to_ be put to death. There was 110 conceivable way of overlooking their flagrant nuilt. , All that could be done was to let the law take its course, and salute as brave men these Germans who had been caught at the most dangerous of occupations, and, who met their end with all courage. But' when a way out fs indicuted in sincerity by a friend, it is the part of a humane Government to make use of it. Tlioy are only too glad to know that they can .be merciful while still being faithful to their laws, and just to themselves and tlio nation's interests. • Mr. Roosevelt belongs to a nation which has a great record of right practice in this matter. During the American Civil War many spies were of course shot, but hundreds were allowed to live for whom some reasonable excuse could lie framed. Mercy was never carried further in war than it was by Lincoln. He could with difficulty persuade himself to a death-warrant. As for women, he never dreamed of allowing them to be punished heavily, although Washington swarmed with Southern women who continually helped the Confederate cause. One could hardly have counted tlie 1 number of "patriotic" Southern girls within the Northern lilies._ "If," said Lincoln, when asked to sanction the execution of a boy deserter, "a man had moro than one life, I think a little hanging would not hurt this one, but after lie is once dead we cannot bring him back, 110 matter how sorry wo may be, so the boy should be pardoned." Federal generals used to complain that when Lincoln-had given them leave to carry out executions 111 case of necessity, he would not even then keep his word. He used-continually to intervene to save a culprit. His sympathy with j frailty in the military life became ever moro lively. On one occasion General Butler was telling him of tlie number of | desertions. "How can it be stopped?" asked Lincoln. "Shoot every deserter," said Butler. "You may be right," re-1 plied Lincoln, "probably are; but, Lord help 1110, how can I have a butcher's day every Friday in the Army of the Potomac?" Of cowards ho used to say, with humorous indulgence, that it was impossible for a man always to control his legs. "And how do I know," he asked once when his sanction of a death sentence was sought, "that I should not run away myself?" Of course, Lincoln's physical courage was well known, but like many brave mon hp was strangely slow to condemn timidity. His leniency was expressed in countless humorous sallies. • When the Judge Advocate-General laid a case before him that seemed to require the death sentence, Lincoln sairl: "I will put this by till I can settle in my mind whether this soldier can better .servo the country dead than alive," He.

was very fond of taking refuge in his droll theory that a man could not control his legs. He had in his pigeonholes ths ovidonce in a number of cases which wore officially entitled "Cowardice in the Face of the Enemy," but lie always spoke of them as lis "leg cases." On the day when Lincoln uttered his sally about "whether this coldicr can better servo the country dead than living," Judge Holt laid before him a particularly flagrant ease. A man had demoralised Jtis regiment at a' crisis by throwing away liis rifle and hiding himself. lie was without relations dependent on him, and he was, moreover, proved to be an incurable camp thief. This man, Judge Holt suggested', surely satisfied the President's condition of better serving his country dead than living. "I think," said Lincoln, picking up the evidence of the case, 'I'll put it with my leg cases." No amount of evidence could ever persuade him to consent to the execution of a youth. Aud frankness in a condemned man was invariably a- short cut to his forgiveness; he could scarcely believe that it was right to put a man with redeeming qualities beyond the possibility of exercising them. Ono of his arguments on behalf of youth was expressed in his famous answer to the New. York Democrats who had protested that in arresting the Copperhead agitator Vallandigham he was killing free institutions. "Must I shoot a simpleminded soldier boy who deserts, while L must not touch a hair of the wily agitator who induces him to desert? lms is none the less injurious ,when effected by getting a. father, or brother, or friend into a public meeting, and then working upon his feelings till he is persuaded' to write to the soldier hoy that he is fighting in a had cause, for a wicked Administration of a contemptible Government, too weals to arrest and punish him if he desert. I think that in such a case to silence the agitator_ and save the hoy, is not only constitutional but withal a great mercy." Mr. John Hay used to tell a story of Lincoln s almost desperate habit of trying to find an excuse for not carrying out the law of which he admitted the necessity. _ "I- was at college with him, sir," said Hay, speaking of a man condemned to death. A pretty good sort of chap, wasn't he i asked Lincoln cheerfully, seeing an opening. ''No. Sir," replied Hay, "I'm sorry that I can't honestly say that about him. He was always a had lot." Lincoln looked quite crestfallen, for a moment. Then he brightened up suddenly with: "If that's so, perhaps wo ought to give him another chance.". Very likely Lincoln went too far. But can one fail to love and revere his memory for his excesses P It was the weakness of endless strength. If Germany were capable of only a faint shadow of such weakness, she would be infinitely stronger. The Hohenzollern throne will totter and fall, if for no other reason, because its strength is never tempered with mercy. When mercy is shown by Germany, it is for a political motive, not from goodness of nature. It's as true to-day as when Isaiah said it that in mercy Miall the throne be established.