Codes and rules of nations.
In addition to these authorities are the regulations and practices of various Governments. In 1512 Henry VIII. issued instructions to the Admiral of the Fleet which accord with our understanding of modern international law. Such has been England's course since.
Substantially the same rules were followed in the Russian and Japanese regulations, and probably in the codes or rules of many other nations.
The rules recognized and practiced by the United States, among other things, provide:
"(10) In the case of an enemy merchantman it may be sunk, but only if it is impossible to take it into port, and provided always that the persons on board are put in a place of safety. (U. S. White Book, European War, No. 3, p. 192.)"
Humane principles in American wars.
These humane principles were practiced both in the war of 1812 and during our own war of 1861-65. Even with all the bitterness (now happily ended and forgotten) and all the difficulties of having no port to which to send a prize, Captain Semmes of the Alabama strictly observed the rule as to human life, even going so far as to release ships because he could not care for the passengers. But we are not confined to American and English precedents and practices.
While acting contrary to its official statements, yet the Imperial German Government recognized the same rule as the United States, and prior to the sinking of the Lusitania had not announced any other rule. The war zone proclamation of February 4, 1915, contained no warning that the accepted rule of civilized naval warfare would be discarded by the German Government.
Indeed, after the Lusitania was sunk, the German Government did not make any such claim, but in answer to the first American note in reference to the Lusitania the German Foreign Office, per von Jagow, addressed to Ambassador Gerard a note dated May 18, 1915, in which, inter alia, it is stated in connection with the sinking of the British steamer Falaba:
The Falaba case.