File No. 811.0151/52
The Ambassador in Great Britain (Page) to the Secretary of State
[Received February 20, 1915, 8 a. m.]
1674. Your 1105, 10th.2 Sir Edward Grey has just handed me the following memorandum. Since your telegram to him was given to the press in Washington, I consented to his proposal to give this memorandum out for publication in Saturday morning newspapers.
The memorandum communicated on the 11th February calls attention in courteous and friendly terms to the action of the captain of the British S. S. Lusitania in raising the flag of the United States of America when approaching [Page 118] British waters and says that the Government of the United States feel 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.
It was understood that the German Government had announced their intention of sinking British merchant vessels at sight by torpedoes without giving any opportunity of making any provision for saving 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 [and] on her subsequent outward voyage. A request was made by the United States passengers who were embarking on board 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 is 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 a similar recognition of the same practice with regard to their flags and that none have 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 as piracy., it is felt that the United States Government could not fairly ask the British Government to order British merchant vessels to forego the means-always hitherto permitted-of escaping not only capture but the much worse fate of sinking and destruction. Great Britain has always when neutral accorded to the vessels of other states at war 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 the conditions are reversed the United States and neutral nations were to grudge to British ships liberty to take similar action. The British Government have no intention of advising their merchant shipping to use foreign flags as 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, hoisting a neutral flag on board a British vessel can not possibly endanger neutral shipping and the British Government hold 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 orders that it should be disregarded that the sole responsibility for injury to neutrals ought to rest.