New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-20
USE OF u. S. FLAG
UPHELD BY BRITISH
Continued from page l

the government Of the United States
feels a certain anxiety in considering
the possibility of any general use OF
the flag of the United States by British
vessels traversing those waters, since
the effect of such a policy might be to
bring about a menace to the lives and
vessels Of United States citizens.
To Sink Ships at Sight.
at was understood that the German
government announced its intention of
sinking British merchant vessels at
sight by torpedoes, without giving any
opportunity or making any provision
for the saving of the lives of non-com-
blatant crews and passengers. 1t was
in consequence of this threat that the
Lusitania raised the United States flag
on her inward voyage.
"On her subsequent outward voyage
a request was made by United States
passengers who were embarking on
board her that the United States flag
should be hoisted, presumably to in
sure their safety. Meanwhile the
memorandum from your excellency has
been received. His majesty's govern
ment did not give any advice to the
company as TO how to meet this re-
quest, and it is understood that the
Lusitania left Liverpool under the
British flag.
at seems unnecessary to say more
as regards the Lusitania in particular
an regard to the use of foreign flags
by merchant vessels. the British mer-
chance shipping act makes II clear that
the use of the British flag by foreign
merchant vessels is permitted in time
of war for the purpose of escaping
capture. 1t is believed that in the
case of some other nations there Is
similar recognition Of the same prac-
tice with regard to their flag and that
none of them has forbidden it.
Germany's Policy Piratical.
at would therefore be unreasonable
to expect his majesty's government to
pass legislation forbidding the use of
foreign flags by British merchant ves-
sells 10 avoid capture by the enemy
now that the German government has
announced its intention TO sink mer-
chant vessels at sight, with their nom
combatant crews, cargoes and papers, a
proceeding hitherto regarded by the
opinion of the world not as war, but as
piracy. II is felt that the United States
government could not fairly ask the
British government to order British
merchant vessels to forego a means al
ways hitherto permitted of escaping
not only capture, but the much worse
fate Of sinking and destruction.
Great Britain has always, when a
neutral accorded to the vessels OF
other states at war the liberty TO use
the British flag as means of <protec-
tion against capture, and instances are
! on record when United States vessels
/ availed themselves of this facility dur
| ing the American Civil War. 1t would
be contrary to fair expectation if now
when conditions are reversed, the
/ United States and neutral nations were
I to Crude to British ships the liberty
to take similar action.
"The British government has no in
! tention of advising its merchant ship
ping to use foreign flags as a general
practice or to resort to them otherwise
| than for escaping capture or destruc'
tion. The obligation upon belligerent
wsrship to ascertain definitely fol-
itself the nationality and character OF
a merchant vessel before capturing il
and, a fortiori, before sinking and de-
stroying il has been universally recpg
nized. If that obligation is fulfilled
the hosting of neutral flag on board
a British vessel cannot possibly en-
danger neutral shipping, and the Brit
ish government holds that If loss tC
neutrals is caused by disregard of this
obligation il is upon the enemy vesse
disregarding il and upon the govern
ment giving the orders that it SHOULD
be disregarded that the sole response
bility for injury to neutrals ought Z
rest"