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[Page 151]

circumstances a few men could quite easily seriously check the advance of a large body of troops, and although the result would ultimately have been successful, the cost would have been great and lives needlessly sacrificed.

(4) "Upon the said Acting Governor giving his parole to take no further part, directly or indirectly, in the present War, no obstacle will be placed in the way of his returning to Germany.  Such parole shall not prevent the said Acting Governor from tendering to the Imperial German Government at Berlin such advice as he may deem proper with regard to terms of Peace."

The Ex-Governor was not a Soldier, and as a matter of fact had never had any military training.  He was purely an Official holding a very high administrative position.  According to the "Laws and Usages of War" he could not be regarded as a Prisoner of War, unless he were considered dangerous to the interests of the occupant, when he might, according to the merits of the case, be removed, made a Prisoner of War or expelled from the occupied territory (see Section 404, Chapter XIV Manual of Military Law).

As, therefore, after I had assumed Administrative functions there was nothing further for him to do in the Colony, and it was possible his presence might in some way have hampered or militated against successful or peaceful Government, I determined to deport him to Australia, at the same time agreeing, if he decided to give his parole, that no obstacle would be placed in the way of his returning to Germany.

It was explained to him, and he clearly understood, that while I would place no obstacle in his way, no promise could be given that any facilities would be offered to him when he reached Australia, as the actual date of his departure must be left to the discretion of the Commonwealth Government, and I further clearly informed him such an opportunity would probably not present itself until the conclusion of the war.The proviso in the latter portion of the Clause was inserted at the Ex-Governor's special request, as he informed me he was one of the "The Secret Councillors of the Empire" and would be expected to take part in the deliberations as to terms of peace later on, and he wished it to be clearly laid down that he would be considered to be acting in a dishonourable was by doing so after having given his parole.  To this I saw no objection.

At the time of the conference he was extremely doubtful whether he would give such parole at all, and thought it possible he might elect to remain in Australia to the end of War.  When I sent him to Sydney I took his parole covering the period of the voyage only, leaving the subsequent dealings with him to be arranged on his arrival in Australia.

I may here remark that after his surrender he gave me every possible assistance, and information as to troops, officials, money and other property belonging to the Government, which has proved of immense value to me since.

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