Nisch (January 10th, 1878): [The translator has not thought it necessary to reproduce this.]
[81] Thus, in August, 1813, the numerous trespasses across the frontier on the part of French detachments and patrols led to the entry of the Silesian army into the neutral territory and therewith to a premature commencement of hostilities. Later inquiries show that these trespasses were committed without the orders of a superior and that, therefore, the French staff cannot be reproached with a breach of the compact; but the behavior of Blücher was justified in the circumstances and in any case was based upon good faith.
[82] We have here in mind not exclusively intentionally untrue communications, although these also, especially in the Napoleonic war, very frequently occur; very often the untrue communication is made in good faith.
During the fight which took place at Chaffois on January 29th, 1871, when the village was stormed, the cry of Armistice was raised on the French side. A French officer of the General Staff communicated to the Commander of the 14th Division by the presentation of a written declaration the news of an armistice concluded at Versailles for the whole of France. The document presented, which was directed by the Commander-in-Chief of the French Army in the East, General Clinchant, to the Commander of the French Division engaged at Chaffois, ran as follows:
“An armistice of twenty-one days has been signed on the 27th. I have this evening received the official news. Cease fire in consequence and inform the enemy, according to the forms followed in war, that the armistice exists and that you are charged to bring it to his knowledge.
(Signed) Clinchant.”
Pontarlier, January, 29th, 1871.
Of the conclusion of this armistice no one on the German side had any knowledge. None the less hostilities ceased for the time being, pending the decision of the higher authorities. Since on the enemy’s side it was asserted that a portion of the French troops in Chaffois had been made prisoners after the news of the existence of the armistice was communicated, and the order to cease fire had been given, some thousand French prisoners were set free again in recognition of this possibility, and the arms which had been originally kept back from them were later restored to them again. When the proceedings at Chaffois were reported, General von Manteuffel decided on the 30th January as follows:
“The news of an armistice for the Army of the South is false; the operations are to be continued, and the gentlemen in command are on no other condition to negotiate with the enemy than that of laying down their arms. All other negotiations are, without any cessation of hostilities, to be referred to the Commander-in-Chief.”
[83] [It will be observed that no authority is given for this statement.—J. H. M.]
[84] See as to this: Rolin-Jacquemyns, II, 34; and Dahn, Der Deutsch-Französische Krieg und das Völkerrecht.
[85] [See Editor’s Introduction for criticism of this brutality.—J. H. M.]