§ THE EARL OF CAMPERDOWN had the following Question on the Paper—
§ To ask what steps the Government are taking to identify the persons responsible for the judicial murder of the late Captain Fryatt; also, whether they have obtained or will obtain a return of the persons who sat on the Marine Corps' Court Martial at Bruges, and of the members of the War Council who confirmed the death sentence in pursuance of which Captain Fryatt was shot.
§ The noble Earl said: My Lords, I confess that yesterday I was a little surprised that no question was asked and no reference made in this House to the judicial murder—it can be described by no other name—of Captain Fryatt by the German Government. On June 23 the steamship "Brussels" was captured by a German submarine and taken into Zee-brugge. Some clays passed, and it then appeared that the master of this steamer—Captain Fryatt—was going to be tried for his life. And for this reason, that on March 28 last, when asked by a German submarine to stop the "Brussels," he had endeavoured to ram the submarine, which was forced to dive in order to avoid him. This was an action which I understand he had a perfectly legal right to do—that is the opinion of our Government; he was merely defending, by the only means open to him, an ordinary commercial ship which was not armed, and for that action he was tried by the Marine Corps' Court Martial at Bruges. Captain Fryatt was found guilty and sentenced to death. That sentence was referred to the German War Council for confirmation. It was confirmed on the same day, and Captain Fryatt was immediately shot. A request had been made by the American Ambassador that at all events some time should elapse before the trial, but a reply was received that it was impossible to consent to a postponement because the sailors belonging to the German submarine who would be required to give evidence could no longer be detained.
§ This was simply a judicial murder—there is no other word that will describe 1071 it—and the worst feature is that the German newspapers, in commenting upon the crime, apparently glory in it. One newspaper, the Cologne Gazelle, says "This will create the necessary respect for our submarines." And this appears to be the general public opinion in Germany. Unfortunately Germany has, by her outrages committed in Belgium and in France, by such feats as the murder of Nurse Cavell, and now by the murder of Captain Fryatt, proved that she really is—I regret to say it, but no other words will describe the position—the most brutal and the most heartless nation on the face of the earth. It is most desirable that all the persons concerned should be brought to justice. Every one of them deserves it—those who sat on the original Court-Martial, and those who confirmed the sentence, some of whom, unfortunately, are the very highest in the land; and I do not know that there is any reason for concealing it, but the Kaiser is said to have been present when the sentence was confirmed. All these men ought to be made responsible.
§ The Prime Minister, in another place, condemned this action in the strongest possible terms, and said that the persons who had perpetrated it should not be allowed to commit these crimes with impunity if the Government could prevent them. Ho then went on to say, "Our immediate action is engaging the earnest attention of the Government." I wonder what that means. I am afraid we have heard that sentence repeated on several occasions, and very little has come of it. I rather think it was Lord Newton who the other day, when receiving some deputation, said that we had talked and talked and that there was no good in using words any more. It is clear that some steps must be taken to deal with these outrages. I want to know what actual steps are being taken, and whether, for instance, the Government have obtained or will obtain a return of the persons who sat on the Marine Corps' Court-Martial at Bruges, and of the members of the War Council who confirmed the death sentence in pursuance of which Captain Fryatt was shot. I hope that some means may be found of bringing home these crimes to the persons concerned. If any of them are taken at any time, be they of what rank they may, they ought to be made personally responsible for the crimes they have committed. I beg to ask the Question standing in my name on the Paper.
1072THE MARQUESS OF CREWEMy Lords, I feel sure that my noble friend will have gained the agreement of the whole House in speaking of this crime of the Court-Martial on Captain Fryatt as a judicial murder, cold-blooded, though hurried on as it was. He spoke of the temper of the German nation as shown by the perpetration of these crimes, and it is interesting to note that in the official explanation which they give of this tragedy they advance a claim which, so far as I know, no civilised nation has ever before advanced. The relations between the combatant force of one belligerent and the civilians of a hostile belligerent are well known. The civilian is entitled to full protection and the absence of molestation on the part of the soldiers of the hostile Power. On the other hand, the civilian is not permitted to attack the soldiers of the country hostile to him. The practice of the German Government, as shown by the sinking of the "Lusitania" and by other instances, has been to ignore this obligation towards the civilians of an enemy country. Yet when, as in this case, those who are not enrolled members of the forces of the hostile country make an attempt at self-defence, they are prepared to exact the uttermost farthing on the ground that Captain Fryatt was not a regular member of the fighting forces of the country. But, of course, the case is really much stronger than that, because, as my noble friend pointed out, Captain Fryatt was absolutely and entirely within his rights, according to all the rules of warfare, in attempting to defend himself and his ship from the attack of a submarine.
As my noble friend knows, for information on the subject of his Question we are dependent on the good offices of the United States Government, and the Ambassador is being asked to obtain full information as to the constitution of the Court-Martial by which Captain Fryatt was tried, the witnesses called for the defence and for the prosecution, the line which was adopted by the defence—because I understand that somebody was told off to defend Captain Fryatt—the finding of the Court, and the grounds on which that finding was based and on which the German Government justify their action; and my noble friend the Secretary of State for Foreign Affairs tells me that he hopes to receive all the information which is demanded by Lord Camperdown in his Question. As to the further point which he mentioned at the 1073 close of his observations, I would merely say this—that these questions are not for ourselves only, but also for our Allies, and we are considering carefully in concert with them what steps properly ought to be taken.
THE EARLOF CAMPERDOWNI understand that the names of the members of the 1074 War Council who were present and who confirmed the sentence will be obtained by the Foreign Office?
§ House adjourned at twenty minutes past Six o'clock, till to-morrow, a quarter past Four o'clock.