The Birmingham age-herald., 1915-02-20
ENGLAND EXPLAINS
 USE OF U. $. FLAG
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note as handed to Walter Hines Page, the American ambassador. today:
 The memorandum communicated on the 11th of February calls attention in courteous and friendly terms to the action of the captain of the British steamer Lusitania in raising the flag of the United States of America when approaching British waters and says that the government of the United States feels certain anxiety in consid erfng the possibility of any general use of the flag of the United States by British vessels trayersIng those Wa ters since the effect of such a policy might be to bring about menace to the lives and vessels of United states citizens.
 "It was understood that the German government announced their intention of sinking British merchant vessels at sight by torpedoes without giving any opportunity of making any pro- vision for the saving of lives of non- combatant crews and passengers. It was in consequence of this threat that the Lusitania raised the United States flag on her inward voyage.
 Gave No Advice
 "On her subsequent outward voyage request was made by United States passengers who were embarking on board her that the United States flag should be hoisted presumably to ensure their safety. Meanwhile the memoran- dunn from your eXcellency had been re- ceived. His majestys government did not give any advice to the company as to how to meet this request and It un- derstood that the Iusitania left Liver pool under the British flag.
 Tt seems unnecessary to say more as regards the Lusitania in particular.
 raD ror1 4a fl,A .a flags by merchant vessels the British merchant shipping act makes it clear that the use of the British flag by foreign merchant vessels is permitted in time of war for the purpose of es- caping capture It 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 has forbidden it.
 Tt would therefore be unreasonable to expect his majesty's government to pass legislation forbidding the use of foreign flags by British merchant ves- sels to avoid capture by the enemy, now that the German government have an- nounced their intention to sink mer- chant vessels at sight with their non- combatant crews. cargoes and papers a proceeding hitherto regarded by the opinion of the world not as war but piracy. It 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 late of sinking and destruction.
 Precedents Named
 Great Britain always, when a neu- tral, has accorded to vessels of other states at war the liberty to use the British flag as a means of protection from capture and instances are on rec ord when United States vessels ayailed themselves of this facility during the American civil war. It would be con trary to fair expectation if now, when conditions are reversed, the United States and neutral nations were to grudge to British ships the liberty to take similar action
 The British government has no in- tention of advising their merchant shipping to use foreign flags as a gem eral practice or to resort to them oth- erwise than for escaping capture or destuction The obligation upon a bel ligerent warship to ascertain definite " for itself the nationality and char acter of a merchant vessel before can turing 1t and fortiori before sinking and destroying it has been universally recognized. If that obligation is full nlled the hoisting of neutral flag on board British vessel cannot possibly endanger neutral shipping and the British government holds that if loss to neutrals is caused by disregard of this obligation 1t is upon the enemy