New York Times Current History: The European War, Vol 2, No. 1, April, 1915 | Page 7

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.
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 provision for the saving
of the 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.

On her subsequent outward voyage a request was made by United
States passengers, who were embarking on board of her, that the United
States flag should be hoisted presumably to insure their safety.
Meanwhile, the memorandum from your Excellency had been received.
His Majesty's Government did not give any advice to the company as to
how to meet this request, and it understood that the Lusitania left
Liverpool under the British flag.
It seems unnecessary to say more as regards the Lusitania in particular.
In regard to the use of foreign 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
escaping capture. It is believed that in the case of some other nations
there is similar recognition of the same practice with regard to their flag,
and that none of them has forbidden it.
It would, therefore, be unreasonable to expect his Majesty's
Government to pass legislation forbidding the use of foreign flags by
British merchant vessels to avoid capture by the enemy, now that the
German Government have announced their intention to sink merchant
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 forgo a means,
always hitherto permitted, of escaping not only capture but the much
worse fate of sinking and destruction.
Great Britain always has, when a neutral, accorded to vessels of other
States at war the liberty to use the British flag as a means of protection
against capture, and instances are on record when United States vessels
availed themselves of this facility during the American civil war. It
would be contrary 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 have no intention of advising their merchant
shipping to use foreign flags as a general practice or to resort to them
otherwise than for escaping capture or destruction. The obligation upon
a belligerent warship to ascertain definitely for itself the nationality and
character of a merchant vessel before capturing it, and a fortiori before
sinking and destroying it, has been universally recognized.
If that obligation is fulfilled, the hoisting of a neutral flag on board a
British vessel cannot possibly endanger neutral shipping, and the
British Government holds that if loss to neutrals is caused by disregard
of this obligation it is upon the enemy vessel disregarding it and upon
the Government giving the orders that it should be disregarded that the
sole responsibility for injury to neutrals ought to rest.
ALLIES' DECLARATION OF REPRISALS.
LONDON, March 1.--Following is the text of the statement read by
Premier Asquith in the House of Commons today and communicated at
the same time to the neutral powers in their capitals as an outline of the
Allies' policy of retaliation against Germany for her "war zone"
decree:
Germany has declared the English Channel, the north and west coasts
of France, and the waters around the British Isles a war area, and has
officially given notice that all enemy ships found in that area will be
destroyed, and that neutral vessels may be exposed to danger.
This is, in effect, a claim to torpedo at sight, without regard to the
safety of the crew or passengers, any merchant vessel under any flag.
As it is not in the power of the German Admiralty to maintain any
surface craft in these waters, the attack can only be delivered by
submarine agency.
The law and customs of nations in regard to attacks on commerce have
always presumed that the first duty of the captor of a merchant vessel is
bringing it before a prize court, where it may be tried and where
regularities of the capture may be challenged, and where neutrals may
recover their cargo.

The sinking of prizes is, in itself, a questionable act, to be resorted to