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