THE SCUTTLED FLEET

Dominion, Volume 12, Issue 274, 15 August 1919, Page 8

THE SCUTTLED FLEET

GERMAN REPARATION TO BE EXACTED TEXT OF ALLIED NOTE Paris, June 26. Tho Allied and Associated Powers have sent the following letter to the German peace delegation :— "June 25, 1919. "Mr. President,—The terms of the armistice signed by Germany ou the oleventh November, 1918, provided as follow:— "Article 23. The German surface warships which shall bo specified by the Allies and the United States shall forthwith be disarmed and thereafter interned in neutral ports or, failing thorn, in the Allied ports designated by the Allies and tho United States. They shall there remain undor supervision by the Allies and tho United States, only care and maintenance parties being left on board. "On June 21, the German warships which had been handed over to the Allied and Associated Powers and' were at anchor in tlie, roadstead at Scapi Plow with tho German'care and maintenance parties on board, as providod in the armistice, wero sunk by these parties under tlie orders of the German Admiral in command, according to the information which has been collected and transmitted by tho British Admiraltv. Tho German Admiral in command of these parties of the German naval forces has alleged that he acted in tho belief that tho armistice expired on Juno 21 at midday, and consequently in his opinion the destruction in question was no violation of its terms. _ "In law, Germany, by signing the terms of Article 23, set out above, entered into an undertaking that the ships handed over by her should remain in tiio ports indicated by (he Allied and .V--sociated Powers, and that care mitt maintenance parties should be left pn 'board, with such instructions and under such orders as would insure that the armistice should be observed. "The sinking of these ships,- instead of their preservation as had been provided for, and in breach of the undertaking embodied in Article 31 of the armistice against all acts of destruction, constituted at once a _ violation of t.*e ■armistice, the destruction of the pledge handed over and an act of gross bad faith toward the Allied and Associated Powers. , "The admiral in command of the care and maintenance parties belonging to the German naval forces, while recognising that, the- act was a breach of the armistice, has attempted to justify; it' by alie»in« his belief that the armistice had come to an end. This alleged justification is not well founded as under the communication addressed to the German delegation by tho Allied and Associated Powers on Juno 16 1919, the armistice would onlv terminate on refusal to sign the peace, or if no answer wero returned on June 23 at. 7 o'clock. According lo international law, as embodied particularly in Articles 10 and 41 of tho regulations annexed to the fourth Hague Convention of 1907, every serious violation of (he armistice by one of the parties gives the other iparty the right to denounce it and even in case of urgency to recommence hostilities at once." "V violation of tho terms of the armistico by individuals acting on their own initiative, only confers tlie right ot demanding the punishment of these offenders, and, if necessary, indemnity for the losses sustained. It will, therefore, be open to the Allied and Associated Powers to bring before a military tribunal the persons responsible for these acts of destruction, so that the appropriate penalties may be imposed. Furthermore, the incident gives the Allied and Associated Powers a right to reparation for tho loss caused, and in consequence a right to proceed to such further measures as the said Powers may deem appropriate. ■ "Lastlv, the sinking of the German fleet i« not only a violation of the armistice, but can only'be regarded by the Allied and Associated Powers as a deliberate breach in advance of tho conditions communicated to Germany and now accepted by her. i'urthermorc, tho incident; is not an isolated act. The burning of the Kronen Hags which Germany «a« to restore constitutes another deliberate" breach in advanco of these same conditions. In consequence, the AHHed and Associated Powers declare that they take nolo of Hiese 6igual .acts of bad faith, and that when the investigations into all tho circumstances havo been completed, they will exact the necessary reparation. It js evident that any repetition of acts iiko those must havo a very unfortunate effect upon the future operation of tho treaty which the Germans are about lo sien. They have made complaint of tho fifteen years' period of occupation which the frosty contemplates. They have lißl.lo coimilflint thai admission to the League nf Nations may lie 100 long deferred. How enu Germany put forward such claims if she encourages or perm its deliberate violation* of her written engagements? She cannot complain should the Allies use the full powers conferred on fhein by the treaty, particularly Article ■129, if she on her side deliberately violates its provisions. "G. Clemeneeau."