THE SCUTTLED FLEET.

Taranaki Daily News, 23 August 1919, Page 11

THE SCUTTLED FLEET.

GERMAN REPARATION TO BE EXACTED. TEXT OF ALLIED NOTF* Paris, June 26. The Allied and Associated Powers have sent the following letter to the German peace delegation:— "June 25, 1919. "flfc President,—The terms of the armistice signed by Germany on Npveniber 11, 1918, provided aB follows: "Article 23. The German surface warships which shall lie specified by the Allies and the United States slmll 'forthwith be disarmed and thereafter interned in neutral ports or, failing them, in the Allied ports designated by the Allies and the United Slates. They shall there remain under supervision by the Allies and the United States, only caro and maintenance parties being left aboard, ! "On Juno 21 the Gorman warships which had been handed over to the Allied and Associated Powers and were at anchor in the roadstead at Scapa Flow with the German care and maintenance parties on board, as provided in the armistice, were sunk by these parties under the ordqrs of the German Admiral in command, according to the information which has been collected and transmitted by the British Admiralty. The German Admiral in Command of these parties of the German naval forces has alleged that he acted in the belief that the armistice expired on June 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 the ports indicated by the Allied and Associated Powers, and that care and maintenance parties should be left on board, with such instructions and under such orders as would ensure that the armi-r stice should be observed. "The sinking of these ships, instead of their preservation as had been pro-i vided for, and in breach of the under* taking embodied in Article 31 of the armistice agamst all acts of destruction* constituted at ones a violation of the, armistice, the destruction pf the pledge 'handed over and an act of gross bad faith toward the Allied and Associated Powers. , "The admiral in command of the car* and maintenance parties belonging to the German naval force*, while reeog' nising that the act was a breach of the armistice, has attempted to justify it by alleging his belief that the armistice had come to an end. This alleged justification is not well founded, as under the communication addressed to tins German delegation by the Allied and Associated Powers on June 16, 1919, the armistice would only terminate on refusal to sign the peace, or if no answer were returned on June 23 at 7 o'clock. According tp international law, as embodied particularly in Articles 40 and 41 of the regulations annexed to the fourth Efagrue Convention of 1907, every serious violation of the armistice by one of the parties gives the other party the right tp denounce it and even in case of urgency to recommence hostilities at once. "A violation of the terms of the armis. tice by individuals acting on their own initiative only confers the right of demanding the punishment of these tffendera, and, if necessary, indenihitv for losses sustained. It will, therefor?, 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 the loss caused, and, in consequence, a right to proceed to such further measures as the said Powers may deem appropriate"Lastly, the sinking of the German fleet is not only a violation of the armwtive, but can only be regarded by the Allied and Associated Powers as a deliberate breach in advance of the conditions communicated to Germany and now accepted by her. Furthermore the Incident is not an isolated act, The burning of the French flags which Germany was to restore constitutes another deliberate breach in advance of these same conditions. •"In consequence, the Aliled and Associated Powers declare that they take note of these sianal acts of bad' faith, and that when the investigations into all the circumstances, have been completed th,py will exact the necessary reparation. It is evident that any repetitions of ants like those must have a very unfortunate effect upon the future operation of the treaty which the Germans are about to sign. They hi|ve made complaint of the fifteen years' period of occupation which the. treaty contemplates. They have made complaint that admission'to tl(e League of Nations may be too lons deferred. How can Germany put forward such claims if she encourages or permits deliberate violations of her written engagements? Sho cannot complain should the Allies use the full powers conferred on them by the treaty, particularly Article 429, if she, on her side, deliberately violates its provisions.— G Clemenoeau."